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Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
I assume you want the trees pruned please?
Yes but you want to get the tree pruned? Is the same person who owns the land the tree is on the same as the path owner?
Well, the apparent owner has 'sub let' the land that the trees and a groundsman's bungalow that he should be living in as caretaker owner of the sports fields. It is unlikely there is a formal tenancy agreement in place between him (the caretaker / owner) and the tenants using this part of the land. So the short answer to your two questions are yes and yes. The original owner of the land was Transport For London, who claim they have sold it so as to distance themselves from any responsibility, some of which are probably being ignored. He, the alledged owner, is also really difficult to get hold of and is rarely there. The trees have a tpo on them.
But you know who has the land now?
Well, I know who claims to have the land but can't trace it via the land registry. He could just be fronting a syndicate of Serbians who just keep turning up and all seem to be chipping in and redeveloping the site with a variety of businesses (i know this sounds like a plot from a thriller novel but this is what has been going on).
What you need to seek is a Court Order for the owner or persons unknown to allow access
And Form N16a
You will ask the Court for an Order to allow access
The Court will consider the application and make an Order
Then whoever owns it can not refuse access, if they do it would be contempt of Court
Can I clarify anything for you about this today please?
What happens if the 'owner' is not present or fails to show knowing a court order is in force? Can I present the order to the tenants who are occupying the land / bungalow where the trees are situated? If so, what happens if they say no, are they in contempt of court? What happens if i get the i don't understand line? If someone is deemed in contempt, what happens then?
You can still enforce it.
It can be made out to persons unknown or current occupier
They have an opportunity to object at Court or pass to the Landlord
If they dont let you then they are in contempt.
Can I clarify anything else?
Sorry, but that didn't answer all my questions, how do enforce it? what do i do against a load of burly blokes on my own? What happens if someone is ruled in contempt?
If they wont allow access then you go back to Court and seek an order committing them to prison
If it is contempt them they can be sent to prison
Does that clarify?
You enforce it by applying to the Court to have the people refusing to let you go onto the land in contempt of Court
If someone is ruled in contempt they can be sent to prison