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[al brown]

..at the side of my house?

Council say it is highways, highway say it was never passed to them, so it is still the original developer.

I am no expert, but as they built the houses in the 1960's, I dont fancy my chances of them turning up. Highways said best bet was to ask whoever it is maintains the land currently. The council cut the grass but that is as far as it goes and after another call to them they say that the grass cutting will up to now have been done by mistake.

The problem is the tree that is growing there is now pushing over the garden wall and needs sorting, so, as there can be a knowledgeable bunch in here, of occasion, I thought I would ask where I stand. I am sure the answer will end up that I have to sort it (I did mention to the council that if that was the case I was fencing it off and building a garage).
If it is up to the home owner because of some oversight that will be fine, the RAF own the house, but I know I will have a fight getting them to do it so I would like to have some idea/backup for when I go to bat with them.

Then again, maybe it is best to not tell anyone and just fence it off and create my own little garage/world that no-one knows exists, as long as none of you tell SWMBO where I have disapeared to that is.

Seriously though, if anyone has any idea where I (or the homeowner) stand your advise would be welcome along side the rest of the comments.

[RobG]

Land Registry would know presumably
http://www.landregistry.gov.uk/
http://www.landregistry.gov.uk/public/property-ownership

[the alarming man]

Land Registry would know presumably
http://www.landregistry.gov.uk/
http://www.landregistry.gov.uk/public/property-ownership

I would not bank on that one...I have an alley that runs down the back of my garden I approached the council to enquire whom owned it and council could see on their plans it did exist but they stated it was not theirs and they forwarded on to the land registry and they claimed it did not exist!!

[PhilRich]

the RAF own the house


Are you are a Tenant renting the property from the RAF?, then they as the property owner are the ones responsible for finding the Third Party who own the land/tree at the side of the house I would have thought
As for fencing off the land, if you are not the owner of the property you live in then you cannot take it upon yourself to 'aquire' it to add to the plot you live on. You can probably fence it off as a seperate parcel of land you hope to gain an 'interest' in and hope no-one notices it for the next 12 years! lol

[Kevin Wood]

Knowing East Hants, they will deny any knowledge of it, refuse to maintain it, then, if you so much as touch it, claim that it's not your property, and that there's a preservation order on it, and drag you over the coals. Exactly what happened to my neighbour, in fact.

[al brown]

Apparently there is no preservation order for the tree, checked that already.
I know the house and therefore the wall are the responsibility of the owner, when I asked them about it the politely asked if I would chase it up as whoever is liable for the tree will need access to the garden to cut it down and that would be easier if I dealt with them directly. They housing lot will then come out and repair the wall.
Looks like I will have to get work to chase it all up or sort it themselves as the wall clearly cannot be left as it is as it is getting dangerous and there isn't much to be done without removing the tree first or leaving the garden with no perimeter wall.
Just don't fancy waiting for the military top get it sorted, as I am sure anyone who has worked for them recently will understand. Good at meetings, not so much on action.
I just want the kids to be able to play on the garden again, so if our is time for me to get heavy handed with the housing lot, some legal reasoning would be nice as a back up.

I still prefer fencing it off and making it mine, either I get to keep it or the owner will protest, in which case I at least get the tree removed, big garage would be nice though

[zirk]

Build a fence around it with a sign saying private property, then in a few years time you could claim it as yours.

[al brown]

Build a fence around it with a sign saying private property, then in a few years time you could claim it as yours.

That is what I told the council I would do of they said the land wasn't theirs, even though they have been maintaining it.
Guess who showed up to look at it less that 24 hrs after I reported it.