Forestry Encroachmaent

[christy76]

Hi All

I have forestry land that comes right upto the back of my property which was old waste ground

I had tidied up the area and the forestry contacted me saying it was encroachment

We went back and forth and they then agreed to sell me the piece of land as long as I covered all expenses which I agreed to, we also agreed on the mapping of the area

I received there solictors letter and I replied with a solictors letter to say I was OK to proceed which was 4 yeras ago ( the next step was wait for them to send out a surveyor to value the land which never happened)

Last week I got a knock on the window from a representative from the forestry saying that I was encroaching there land, I explained this had been dealt with and I had a siolictors letter from them

His reply was you might have a letter but we have not sold it to you

I have since received another letter from a different forestry department to say they want a land swop instead of the original agreed purchase of the piece of land


Can they do this after we had an agreement?

[atticus]

Until you have a binding contract to buy the land you have nothing.

[echat11]

Nothing happened with the 'original agreement' to a finality. You should have been pushing for the forestry surveyor (4 years ago) to come around and conclude the matter. It's not great, very unusual, I'm sure others here will comment. Their argument might be that you did nothing for 4 years.

[christy76]

Hi

Thanks for the replies

They did send 2 surveyors out 4 years ago with a GPS mapper and we went round the area and agreed, then they sent me a solictors letter agreeing to this , I responded with a letter to say go ahead and was waiting for a valuation so I could pay

The forestry are normally very slow and I thought because the value of the land was so small that they were in no hurry, I agree I should have pushed it on but I did not want pressure them.

I asked the last man that called why this had not been finalised and he said it was because of covid

[atticus]

Maybe you should now remind them of the previous discussions and apply some pressure!

[echat11]

In your first post you state 'the next step was wait for them to send out a surveyor to value the land which never happened', then you say, surveyors came out in your second post 'They did send 2 surveyors out 4 years ago with a GPS mapper and we went round the area and agreed, then they sent me a solicitors letter agreeing to this'.

Put your case to the Forestry Department, explain what happened (they agreed to sell you the land), for reasons (COVID etc) it didn't go through and that you want to keep to the original agreement, if they are unwilling to do that tell them you will consider taking further action.

Forestry Department, are they part of the Council?

[atticus]

or Forestry Commission?

[echat11]

or Forestry Commission?

Whichever, there are avenues to complain, which need to be pursued first.

[christy76]

Hi Sorry I should have made more clear

"In your first post you state 'the next step was wait for them to send out a surveyor to value the land which never happened', then you say, surveyors came out in your second post 'They did send 2 surveyors out 4 years ago with a GPS mapper and we went round the area and agreed, then they sent me a solicitors letter agreeing to this'.

They sent 2 forestry surveyors out with a GPS device to map out the area, I was with them at the time and we agreed on the area to be sold to me.

In the letter from the legal department with forestry they gave a brief summery of the costs involved and that they would be sending out a land and property surveyor to value the area, but this never happened even though we have given the go ahead.

The first letter I received came from the forestry legal department

The second letter has came from the local forestry office, it seems the local office dont agree with the legal department and want to take the matters into their own hands.

[echat11]

Hi Sorry I should have made more clear

"In your first post you state 'the next step was wait for them to send out a surveyor to value the land which never happened', then you say, surveyors came out in your second post 'They did send 2 surveyors out 4 years ago with a GPS mapper and we went round the area and agreed, then they sent me a solicitors letter agreeing to this'.

They sent 2 forestry surveyors out with a GPS device to map out the area, I was with them at the time and we agreed on the area to be sold to me.

In the letter from the legal department with forestry they gave a brief summery of the costs involved and that they would be sending out a land and property surveyor to value the area, but this never happened even though we have given the go ahead.

The first letter I received came from the forestry legal department

The second letter has came from the local forestry office, it seems the local office dont agree with the legal department and want to take the matters into their own hands.

You need to write a strongly worded letter, but respectful, otherwise you will 'go around the houses'.

[dslippy]

This is land. Until and unless you have a formally excganged contract, you have nothing. Contiue discussions, but I doubt that there is any validity in a complaint.
It is the Forestry Commission (England)

[echat11]

https://www.gov.uk/government/organi...ints-procedure

[christy76]

Thanks for all the help

I will send them a letter to see how it goes

If that fails I will try the complaint route

[christy76]

Hi

Just a little update

My solicitor has now sent 3 letters to the forestry legal department that originally dealt with the matter and agreed the sale but have had no response

Soilicitor has tried calling also and left voice mails to say urgent contact is needed but no response either

Is it time for a complaint or what would be the best way forward, I dont want to stir up any trouble but I'm stuck in limbo

[echat11]

Hi

Just a little update

My solicitor has now sent 3 letters to the forestry legal department that originally dealt with the matter and agreed the sale but have had no response

Soilicitor has tried calling also and left voice mails to say urgent contact is needed but no response either

Is it time for a complaint or what would be the best way forward, I dont want to stir up any trouble but I'm stuck in limbo

I think so, otherwise it will never get resolved.