can anyone help me please?!

jaxinthebox · #1 (**permalink**) 03-10-2008, 11:20 AM

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 · #2 (**permalink**) 03-10-2008, 11:46 AM

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 · #3 (**permalink**) 03-10-2008, 12:05 PM

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 · #4 (**permalink**) 03-10-2008, 12:29 PM

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 · #5 (**permalink**) 03-10-2008, 12:31 PM

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 · #6 (**permalink**) 03-10-2008, 12:33 PM

Quote:

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 · #7 (**permalink**) 03-10-2008, 06:53 PM

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 · #8 (**permalink**) 03-10-2008, 07:00 PM

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 · #9 (**permalink**) 03-10-2008, 07:28 PM

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 · #10 (**permalink**) 03-10-2008, 07:33 PM

Quote:

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!