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Cricket Club next door to my Farm have taken down my hedge and trees...

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  • Cricket Club next door to my Farm have taken down my hedge and trees...

    I own a Farm in a rural area. One side of my land, borders the Village Cricket Club.

    I have lived here for 25 years, my land which borders the Cricket Club on one side had a hedge and dyke which also belonged to me and there are 4 Silver birch trees which I planted just after I bought the Farm, the Cricket Club filled in the dyke which is on their side of the fence some years ago, even though it belongs to me.

    In the Summer, because of the severe drought, the silver birch trees threw up some tiny saplings on both sides of the fence , (obviously looking for water), the Cricket Club said they wanted to cut my trees down as they would `ruin the Cricket pitch`, the saplings were sufficiently far enough away to not cause any damage to the Cricket pitch, however, to pacify the Cricket Club, my partner pulled up the shoots, (which were less than one centimetre in diameter)...the Cricket Club were told quite emphatically that I would NOT allow my trees to be cut down, this disappointed several of the Cricket Club Committee as they had already offered to cut down the trees and `get rid` of the logs...the Committee Members concerned all coincidentally have log burners!!

    On Wednesday evening, we went up to our back 4 acre field and were horrified to find that two of my silver birch trees had been cut down, sawn up, and the logs removed, additionally, they had pulled out sections of my hedge and brambles and fastened pallets immediately up to the existing fence, meaning they had stolen a considerable amount of my land!!

    This whole episode has really upset me as I have tried to keep my Farm as natural as possible, I leave hedges, brambles, trees relatively untouched, (apart from yearly tidying up and maintenance), as it not only provides shelter for my ponies, but also for the wildlife which lives there, now it is all gone and in their place, is a eyesore of a fence made of pallets...it has also of course encroached on my privacy and made it so basically anyone can come over on to my land, which is a worry when I have mares and foals in that field in the Summer, and also a stallion.

    Obviously I know that they cannot just wilfully destroy my property and cut down my trees and pull out my hedges and the brambles, nor can they steal my land, but what can I actually do to stop them continuing along the rest of the border, and how do I get them to reinstate the trees/hedges and brambles that they have cut down and pulled out please?

    Thank you for any help and advice anyone can give me.

    Tags: None

  • #2
    The first action is to contact the club and attempt to come to a resolution with them.

    If that has already been tried and failed, or if your approach is rebuffed, you could apply to the courts for an injunction preventing further incursions onto your land and at the same time sue for damages to enable you have the ditch/dyke redug, the hedges replanted and the trees replaced.

    Comment


    • #3
      Thank you very much for your reply DES8.

      I sent the Cricket Club a letter detailling my position. Informing them that they have cut down two of my trees and pulled up brambles and hedging that belong to me, without my permission and that they have erected a pallet 'fence' on my land. I have told them to remove the fence or I will get it removed and charge them for its removal.

      On returning home today, we found that the Cricket Club have totally ignored my letter and continued to erect the pallet 'fence', and to add insult to injury, they have stabilised the pallets by nailing pieces of wood to MY trees using 6 inch nails! I am absolutely flabbergasted that they have totally disregarded my letter and am at a loss as to what to do next to try and stop them, as by the time anything went through the courts, the whole of my hedge will have been removed and probably more of my trees .



      Comment


      • #4
        Originally posted by redrose281 View Post
        Thank you very much for your reply DES8.

        I sent the Cricket Club a letter detailling my position. Informing them that they have cut down two of my trees and pulled up brambles and hedging that belong to me, without my permission and that they have erected a pallet 'fence' on my land. I have told them to remove the fence or I will get it removed and charge them for its removal.

        On returning home today, we found that the Cricket Club have totally ignored my letter and continued to erect the pallet 'fence', and to add insult to injury, they have stabilised the pallets by nailing pieces of wood to MY trees using 6 inch nails! I am absolutely flabbergasted that they have totally disregarded my letter and am at a loss as to what to do next to try and stop them, as by the time anything went through the courts, the whole of my hedge will have been removed and probably more of my trees .


        It may be possible to get an injunction to stop the removal while any legal proceedings are on going. Im afraid that land disputes like this arent my area of expertise but having spoken to my colleague Mark he said that boundry disputes are notoriously tricky things to deal with, and if they go wrong they can be very costly, so bear that in mind if you are going to take this to court, as the Cricket Club will no doubt be represented by solicitors and if it goes wrong then you may have to pay their costs.
        I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #5
          There may be a concern about the boundary - you mention you own the dyke the cricket club filled in yet it is on their side of a fence ? Who put up the fence and how long ago ? Are the trees and brambles your side of this fence ? The trees they cut - did they cut them back to the fence line or come into your land and remove them ? ( I am a little confused about the fence - as most of what you've said indicates there is no fence )

          Anyway you could apply for an urgent injunction without notice ( ex parte ) to put a halt on them doing any further damage while you sort out the boundary issue and likely a damages claim ( or reinstatement etc ) - you want form n244 and N16a I believe - I believe the cost would be £255 unless eligible for fee remission.

          Youll need evidence - so before and after pictures, land registry documents showing it is your land, copies of any communications youve had with cricket club showing you did not give them any permission to do this work.

          Im sure des8 will look back in anyway xxx ( oops and crossed posts with Paul there too )
          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

          Comment


          • #6
            Originally posted by Amethyst View Post
            There may be a concern about the boundary - you mention you own the dyke the cricket club filled in yet it is on their side of a fence ? Who put up the fence and how long ago ? Are the trees and brambles your side of this fence ? The trees they cut - did they cut them back to the fence line or come into your land and remove them ? ( I am a little confused about the fence - as most of what you've said indicates there is no fence )

            Anyway you could apply for an urgent injunction without notice ( ex parte ) to put a halt on them doing any further damage while you sort out the boundary issue and likely a damages claim ( or reinstatement etc ) - you want form n244 and N16a I believe - I believe the cost would be £255 unless eligible for fee remission.

            Youll need evidence - so before and after pictures, land registry documents showing it is your land, copies of any communications youve had with cricket club showing you did not give them any permission to do this work.

            Im sure des8 will look back in anyway xxx ( oops and crossed posts with Paul there too )


            Tricky one this isnt it
            I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment


            • #7
              Certainly go for the urgent injunction whilst the boundary is sorted out.

              As you have lived there for 25 years presumably the land is registered, but you may need to have the boundaries determined.

              It is normal practice for drainage ditches to be dug on the boundary line and the owner to erect a fence on his own side of said ditch (dyke), so this corresponds with your description

              Comment


              • #8
                Originally posted by des8 View Post
                Certainly go for the urgent injunction whilst the boundary is sorted out.

                As you have lived there for 25 years presumably the land is registered, but you may need to have the boundaries determined.

                It is normal practice for drainage ditches to be dug on the boundary line and the owner to erect a fence on his own side of said ditch (dyke), so this corresponds with your description
                Trouble is youll need surveyors reports to establish boundaries, then you may end up with the Club getting their own expert who comes up with a different view, its never straight forward this type of dispute
                I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

                I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                You can also follow my blog on consumer credit here.

                Comment


                • #9
                  Originally posted by des8 View Post

                  It is normal practice for drainage ditches to be dug on the boundary line and the owner to erect a fence on his own side of said ditch (dyke), so this corresponds with your description
                  I did not know that, thanks Des, kind of like a moat ....

                  “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                  Comment


                  • #10
                    You might find it helpful (or perhaps confusing!) to read Land Registry practice guide on boundaries:
                    https://www.gov.uk/government/public...ned-boundaries

                    First port of call is to look at your title and plans on Land Registry (https://www.gov.uk/get-information-a...h-the-register).
                    If that is sufficiently clear (the boundary lines are only indicative) you may not need to determine the boundaries but could proceed to injunction and action for damages if you can't obtain an amicable agreement from the club.

                    Comment

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