can anyone help me please?!

[jaxinthebox]

hi,
im hoping someone might be able to advise me as to what i can do about a neighbours disregard for wildlife.
I live in a busy town with not a lot of places for wildlife to live, as most of the place is concrete! my dads house is in a quiet cul de sac which has an alley leading to the backs of everyones gardens. The alleyway has been a safe haven for all wildlife in the area as theres an area that the neighbours left untouched especially for the foxes and squirrels etc. the foxes have all had cubs etc, and we used to see these on a regular basis, until 4 days ago when a new neighbour bought the 2 houses that back on to the back of the alley. He then decided to fence the alley off (moving the boundaries and making his back garden bigger) and hacked away at all the trees and bushes where these foxes and squirels lived. They now have no where else to go, and this neighnour is going to continue to hack the rest of the alley until all the plant and tree life has gone. We have phoned our local council but they said we would need to hire a solicitor ourselves (which we can't afford) and are not interested in what we have to say. How can we stop him from killing the rest of the alley, these animals need somewhere safe to live...they have been there for over 60 years!
any advice would be very much appreciated.
thanks in advance.

[Lance Morgan]

Hello
Welcome and sorry to hear this. The land must belong to somebody. If it is not his he is committing an offence. (Criminal damage). Have you asked him what he is doing?

[jaxinthebox]

hi , thanks for the quick reply. The council have said that the land does not belong to anybody and therefore he can do as he wishes. About 20 years ago the council used to maintain the area, (for around 5 years) trimming the egdes of the bushes etc, nothing major because of the wildlife. But they said now that it's not their land, it belongs to no one.
I have also been told that if its no ones land, then anyone can fence it off, clear it and maintain the up keep for 5 years, then the land will automatically become theirs, but im not sure if thats true or not.

[Jason Green]

Hi Jaxinthebox,

If you have to have maintain the area for five years in order to 'claim ownership', YOU'VE been there for longer, so YOU have more claim to the land!!! I don't think he can just claim it for his garden, but if he does, maybe you could claim some as you've been there for longer!!

Also, try just telling him about it, he may just think it's just overgrown and wildlife-less - not realising this is often best for wildlife in my experience.

If he doesn't, try gaining local support. Other people may be equally annoyed at the way the new neighbour has taken over public land, but just hesitant to say anything.

Enquire with your local Wildlife Trust - I'm sure you must have one. Ask them for their help, or if they'd consider carrying out a survey?? They may have done work there previously.

What species of squirrels do you get? If they're red and breeding, they're protected legally I believe. Anything like this could help, any signs of rare/protected species using the area could stop him destroying it.

Could you post a photo? How big is this alley?

If all else fails, copy his idea and fence some off yourself for the wildlife's safety!!!

Take care,

Jason

[ellen h]

Has the alleyway been in regular use ie: been used by people to access their back gardens?If so surely he is blocking access illegally? How can someone come in and block of what has been a right of way,especially if he has done so with no notice of intent.
Hopefully someone who knows the law may read this and let you know what if anything can be done.I would definitely asked him how he has come to the conclusion he can claim part of the alleyway as his land
ellen

[Darley]

Originally Posted by jaxinthebox

hi , thanks for the quick reply. The council have said that the land does not belong to anybody and therefore he can do as he wishes. About 20 years ago the council used to maintain the area, (for around 5 years) trimming the egdes of the bushes etc, nothing major because of the wildlife. But they said now that it's not their land, it belongs to no one.
I have also been told that if its no ones land, then anyone can fence it off, clear it and maintain the up keep for 5 years, then the land will automatically become theirs, but im not sure if thats true or not.

I'm no expert but why would the council maintain it for so long if it didn't belong to them? And if they suddenly decided it wasn't theirs, surely they have a duty to inform the neighbours?

Apparently you can claim unregistered land and there are websites that supposedly help you with this for a small fee - eg Claim Land - Claim Land Today

[jaxinthebox]

Thank you to everyone who has replied. I have asked him to stop what he was doing when we heard the chainsaws etc, but all we got was swearing and shouting saying "he could do what the f*** he wanted"! When i explained that there was wildlife there he just laughed. So i dont think talking to him any more is going to help, but i did ask the surrounding neighbours, but to be honest, because it doesnt affect them directly, they dont want anything to do with it all, so its just me, my dad and 1 other neighbour.
The alley has been in regular use to access the back gardens because thats where my dad and the other neighbour park, but the part where the wildlife is, that has been untouched for over 25 years, i used to play there when i was a kid, i used to see the foxes and cubs down the tunnels they had built, but due to the amount of foxes and other wildlife that were breading there, we stopped anyone going near there.
i have made an appointment to see the local MP, to see if there is anything he can do and also made an appointment to see the local law centre, although they dont seem to think they can help, but every avenue is worth exploring. I am also just going to fence off the remaining area and do exactly what he has done and wait and see what the council say to me, because the remaining area is only a small part and doesnt affect anyone accessing their gardens, but i think it might be too late for the foxes etc as we havent seen them, they usually come out and play on my dads car port roof, and also watch the neighbour working on his cars.
Im fairly sure there are only 2 Red Squirrels there, the rest are grey, and they dont seem to get on as there used to be loads of red ones, but mainly grey are there now.
i did speak to the council about protected trees as there where willow, oak etc that had been there over 100 years, but as they were never checked by the council they werent protected, so we cant use that avenue.
i will see if there is a local wildlife trust that can help, but i will be putting the fence off as soon as its delivered tomorrow, and i will also ask the law centre if i can claim that land as he's been there 2 weeks, my house has been in the family since it was built in 1907, and my dad has been there now for 65 years, maybe that can be possible.
When i get the fence up tomrrow, is there any way of getting the foxes back?

Thanks for everyones replies, im truely grateful

[Darley]

Good luck with that, I wonder if there are any wildlife charities in the area that could help you? I hope you get the fence up and stake a claim to the land - it sounds as though you have more right to it than this unpleasant neighbour. If he gets aggressive I would go straight to the police and report him for threatening behaviour or harrassment.

I think foxes will return in time if you can save the habitat from further destruction, but who knows what might happen to them meantime.

BTW what part of the country are you in?

[jaxinthebox]

Thanks.

Im in London, on the borders of Heathrow Airport.

I have uploaded some images in the gallery, if i have done this right, but im not sure how to put them in the post.

[Darley]

Originally Posted by jaxinthebox

Thanks.

Im in London, on the borders of Heathrow Airport.

I have uploaded some images in the gallery, if i have done this right, but im not sure how to put them in the post.

Underneath the pic is the 'forum code' - copy and paste it into the post

London too far away or I would have offered to help!

[Lancashire Lad]

Jaxinthebox, your photos are there in the image archive.

To copy them into your reply, you just click on the blue coloured words "my images" showing at the top of your reply to thread screen. This will take you to your image gallery where you will only see your pictures.

then: -

1 - click on the picture to make it full size
2 - right click on the 'forum code' below the picture and click "select all".
3 - right click again and select "copy"
4 - click "back" and "back" again to get back to your reply to thread screen.
5 - paste the picture into your reply (inserts wherever your curser is).

repeat this for each pic.
Good Luck.
Mike.

[ellen h]

Just had a look at photos,looks awful,not what I expected to see!!
ellen

[Wild-Woman]

How awful. I wonder what the trees were. Even if they're on your land, certain trees need the council's say so before felling. Some people just have no idea about wildlife and how it affects the well-being of a neighbourhood. Total arrogance and ignorance and rudeness isn't going to gather this fool friends.
I really don't know how to help you, but you certainly have my sympathies.

[Lancashire Lad]

Jaxinthebox,

I would be amazed if what this person has done is legal.

Show your photographs to the local newspaper and I'm sure things will take off at a pace. People cannot just go around felling mature trees willy-nilly.

If you are definitely going to erect your own fence on the remaining land, you might initially "stake your claim" by putting up a few posts on that section of the land with details of what you are doing and why. Photograph one of these with the details clearly showing, and take it to the press along with your other photo's. I'm sure they will be interested in such a dynamic piece of local news. Give a copy to the council too - after all, it was them who told you anyone could claim the land.

I may be wrong, but it is my understanding that this person would only attain a legal claim on the land, if he had already fenced it off, and had effectively used the land as his own for at least five years without dispute or objection.

Have a word with your local beat policeman as well - just to cover yourself. Invite him to have a look at what's gone on. If you keep your local officer in the loop, he will be more likely to be on your side should the perpetrator of this damage become even more unneighbourly.

Best of luck
Mike.

[Darley]

For those that can't find them:

[fairplay]

It seems to me these would have been 'amenity' trees important to the community and if the council were told before all the trees were felled and they failed to place a 'stop' order on work taking place, then they were negligent in their statutory duty to the public.

This won't bring back the trees of course but will add weight to your argument when you see your MP.

What about your local BBC radio station ?

Neil.

[Blackbrook Eye]

Thats a considderable amount of land to be grabbing, I hate to guess what it would be worth at London prices, its easy to see why your new neighbour is keen to get his hands on it. I wish you well in your endeavours but I think you will have a fight on your hands to save any of it, although I agree with you trying. I wouldn't put too much faith in the local council helping you as I think they are already liable for negligence in allowing things to progress this far.

Keith

[Hobjob]

Awful - commiseration

Phone the local newspaper and ask to speak to their
invironmenta/greenl reporter.

They'll love it I'm sure.

But you may need the legal boys in the end I'm afraid.

Good luck, keep us posted.

[Hedgehoggy]

Some people are just so selfish and greedy, words fail me

I don't know if it has already been mentioned, but a lot of local police stations these days have a Wildlife Liaison Officer based on their premises. Such an officer would be able to at least point you in the right direction and give support/advice.

I wish you every luck with your mission and hope you're able to report back with good news.

[jaxinthebox]

hi and thanks for everyones replies, they have all helped me in trying to stop this monster, and thanks for posting the photos, im a novice when it comes to this type of thing!!!
i have spoken to him, and he's not interested in the little bit of land thats left, (fortunately) and i am in the process of trying to claim the land so no others can come in and do what he did. Its only a tiny portion of whats left, but its still the foxes home, altho they have gone completely now, havent seen them at all since all this happened.
i have been in contact with my local law centre and have made an appointment with my MP, and have also emailed my local wildlife trust.
What i have been told though is not good news. The law centre have told me that the law regarding land is not very strong, especially in cases like this.
In basic terms he told me i didnt stand a chance! It seems that anyone can come along, fell all them tree's, cause massive amounts of damage to wildlife, and get away with it. He has also now fly tipped all the foliage over the remaining land, which i have reported to the council, but he will most likely get away with that too.
I have spoken to my local gazette, and i am waiting to hear what my MP has to say and then the newspaper will report on it.
I have been told numerous times to forget about it, as i didnt stand a chance, but im not gonna just give up, i cant. I have a constant reminder everytime i look out the window, my kids keep asking where all the foxes have gone.
Over the weekend, he got the jcb diggers in to remove the tree stumps and remove the rest of the foliage etc, which he did.
I will post the photos of the weekend, just incase anyone wants to see them, and i wanted to thank everyone who replied, i really do appreciate it.
I will keep you updated as soon as i know any more.
In the meantime im going to contact my local police station and see what i can do there, before going to work!
I refuse to give up without a fight!

[jaxinthebox]

[Darley]

Quit disgraceful. What does he intend doing with it? Probably going to build on it next!

[Jason Green]

Originally Posted by jaxinthebox

...I refuse to give up without a fight!

Great, keep it up!!!

The foxes and wildlife will appreciate it.

[fairplay]

Looking at all the rubbish which has been dumped on the site over the years, I'm beginning to get the impression that this may be why you have not spoken much of any support from the rest of the community over this.

Do they see it as an eye-sore and believe he 'is tidying it up out of the goodness of his heart' ?

I strongly suspect there has been some 'insider dealing' going on here in that someone in the Planning Dept at the District Council became aware of the situation here, told a developer friend, explained that his/her Council bosses would be unlikely to take action because of the demand for 'much needed housing' in the area and they share the profit from the sale of the houses.

The only way they could become unstuck (or is it stuck ?) is if, when the planning application is made, there is a massive campaign by the locals
against the houses being built that the application fails or is withdrawn.

The developer/vandal has obviously done his homework and put out 'feelers' and any day now you can expect to see an official planning application for an impossible number of houses which will then be re-submitted (after the usual outcry) for 2 or 3 houses (to 'everyone's relief')

Note: Anyone can put in a planning application for any bit of land - you don't have to own it. As long as the form is correctly filled in and the relevant fee paid, that's all to it.

With the trees now grubbed up, you have lost this battle, and will just have to come to terms with it. But if you have any fight left, see your MP and hope he is not of the same political party that run the Council.

If a District Council is your local authority, then see your District Councillor or one who is not in the same party as the party which runs the Council.

It shouldn't have to be like this, but corruption is everywhere.

Neil.

[lost in the woods]

Hi
I am sure you need a license to remove trees over a certain size if you do not have a license you are breaking the law there is always evidence left behind by the removal of trees. The council can not turn a blind eye if you ask for the letter to go on record. Then try writing to the local paper this could be another avenue to bring pressure to bare on the council especially with the letter on record. Also try your local wildlife groups normally they also work with the council your local M.P. needs to be contacted again put your complaint in writing also explain to him how you will be contacting your local paper to drum up support.
Regards
Lost in the Woods