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Woodland With No Way Of Finding The Owner


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Ive even tried Google n Bing the Site Address for Info on the Owners Name and still nothing .. ?? How would i go about finding out??

 

Drew, There is a law called the law of joint severance ownership, If i remember correctly it relates to land where by the owner of it is not known.

 

In relation to trees, if a neighbour to that land prunes the trees it may be deemed unless they can prove otherwise that the trees are in their ownership/management, therefore rendering them liable for the safety or any consequent damage or failure/injury that may occur in the future.

 

Im sure that someone maybe able to clarify this clearer, but just a heads up for reference if your client wishes to carryout work to the trees.

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Not all land is registered - even though the current process was established in 1925 (and registration began in 1862). Registration was optional in many areas until relatively recently, the 60s or 70s in a lot of places. It only became mandatory everywhere in 1990 and if it hasn't changed hands during a period of compulsory registration it could be unregistered.

 

If land isn't registered you will have to be more inventive. The chainsaw method can work, as can pinning a note to the gate. Asking neighbours might help, of the local FC woodland officer might be able to contact them for you.

 

Check for planning applications affecting the site, they are public documents and may shed light.

 

Be inventive.

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Remember that not everybody who has a right to register land may wish to take up that right as it carries responsibilities. Us and the neighbouring 4 houses have a strip of land along the bottom of our gardens. We have rights of access over it. But it has large trees and borders a railway line. So registering that land would then carry responsibilities for the trees.

 

So we leave it unregistered, exercise our rights but the railway company maintains the trees. Best of both worlds. I suspect that there must be lots of bits of land like this, often blocked in that were never claimed.

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Remember that not everybody who has a right to register land may wish to take up that right as it carries responsibilities. Us and the neighbouring 4 houses have a strip of land along the bottom of our gardens. We have rights of access over it. But it has large trees and borders a railway line. So registering that land would then carry responsibilities for the trees.

 

So we leave it unregistered, exercise our rights but the railway company maintains the trees. Best of both worlds. I suspect that there must be lots of bits of land like this, often blocked in that were never claimed.

 

I'm not sure how you can be given the responsibility for maintaining trees on land you don't own. You can register your interest in the land (a private right of way, or easement, by the sound of things) but that doesn't change anything to do with the trees.

 

For a right to exist there must be a dominant and a servient tenement, which in simple English means an owner and a person who exercises that right, or more accurately an estate that enjoys the benefit of the right. So that suggests that there is an owner somewhere.

 

Do you mean registering your interest or claiming title?

 

Apologies if I've completely misunderstood what you were saying.

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