Trespassing, criminal damage?

[Daniël Bos]

Hello,

 

It has just been brought to my attention this very morn that a site I've been working a for a while (clearing scrub and trees on about 1/2 an acre, planting a hedge and laying hedge where possible) may not belong to my client!

If this were so, it would most likely be council/highways owned.

 

A very irate neighbour came round and "informed" me of this.

 

Now, I'm very near finished and have heard nothing from any official body though I've been working roadside since Jan.

If I continue, would I be held liable? I feel that having acted in good faith and my work has been an improvement to the site even in the eyes of said objecting irate neighbour, my actions so far were reasonable.

 

 

 

Any advice welcome on how to proceed...

[treequip]

In a nutshell it's nowt to do with you.

 

You are the contractor to your client, just pass on the information you have been given ( in its context) and see what your client says

 

Trespass is a civil wrong so don't worry about that and criminal damage requires criminal intent. Formal maintenance can hardly be described as that, and in any case the person to answer would be your employer.

 

How reliable is the irate neighbour? It might just be a fit of pique

[MATTMOSS]

I would ask to be paid for the work you have done so far and then clarify the ownership with the Council before doing anymore.

[ballibeg]

Could be a bit of unofficial adoption going on! You do hear stories of folk taking over some piece of ground for enough years without impingement that they then take ownership.

 

Dave

[Treewolf]

That is known as "Adverse Posession" in law and the law has (fairly) recently been tightened up to make it harder to claim.

[ballibeg]

There'll be less houses called 'Freeacre' then!

[easy-lift guy]

Squatters rights comes to mind. I believe Treequip has provided you with sound council.

easy-lift guy

[roseyweb]

Do a land search costs 4£

[agg221]

Do a land search costs 4£

 

It helps if it confirms an owner, but if not it just tells you that the land is not registered.

 

Alec

[nepia]

I'd worry more about getting paid than any Criminal Damage etc. That couldn't be proved without the legitimate owner coming forward to be seen as such. Even then your actions would need to be shown as deliberate (in terms of damaging, not in terms of pruning etc) or reckless - as Treequip said.

However, now that a person has 'informed' you that the land's owner is not who you thought it was you'd be wise to confirm ownership before doing any more: should they turn out to be correct in their assertion any further work may leave you open to the 'reckless' allegation in that having been told the property was someone else's you carried on 'damaging' it regardless.

 

But I expect the truth is simple; you just need to find it!