A couple have been ordered to demolish a £100,000 extension for which planning permission had been granted after it emerged the land was not in fact owned by them.
Wayne and Natalie Noke were granted planning permission last summer to start work on their £2.1 million home in the New Forest.
However, they were forced to abandon the project after Forestry England (FE), a division of the Forestry Commission, threatened them with legal action.
The couple, who bought the five-bedroom house and associated cottage in the village of Bartley, Hants, in August 2021, were told the land they were building on was 'Kroonland'.
Mr and Mrs Noke had purchased the house and grounds with Mrs Noke's parents - Michael and Catherine Drummond - in a "dream scenario" in which they would all live close to each other.
The couple had been granted planning permission for an extension to the cottage to create ground floor living space for 80-year-old Mr Drummond, who suffers from Parkinson's disease.
The family claims that neither they nor their lawyer knew that not all the land was theirs. But in September, Forestry England officials visited the family and said the cottage has a strip around it on three sides that does not belong to them.
A user license has been in force since 1983, which prevents other people from using it, but the Nokes are not allowed to build on it.
The couple insisted they were not aware of the actual ownership of the land until a subsequent letter from Forestry England, as the license was not recorded on the title deeds.
Work has now been stopped for fear they will have to demolish the oak frame and slate roof.
The couple, who run a transport company together, hope an agreement can be reached through a land swap, purchasing the land or by changing the terms of the permit to allow them to build on it.
About 90 percent of The New Forest, which was founded by William the Conqueror in 1079, is owned by The Crown. Forestry England manages about half of the national park.
The story continues
Mrs Noke, 53, said: "It's a house we've known for many, many years and we were lucky enough to buy it and have my parents in the cottage."
She admitted it was a "dream scenario" to have her parents around, but wanted to help maintain her father's independence by building an extension that would save him from having to climb the stairs.
The proposal received permission from New Forest National Park and work started last summer.
However, in September 2023, the couple received a letter from Forestry England informing them that the extension they were building was "partly on Crown Land".
The letter was accompanied by a copy of a permit informing the homeowners that the "land surrounding the cottage" was owned by Forestry England.
Mr Noke said neither their lawyers nor the previous homeowners were aware of this license as it does not appear on the title deeds.
Ms Noke, 53, said: "I know ignorance is no excuse but nothing has been told to us that has made us aware. We made a mistake in innocence, it is a real mistake.
Ms Noke said that because the project has been halted, her father has been living in their lounge so he can access a toilet without having to go upstairs.
"Our point is: if there are possible options, no matter how long, who benefits from abandoning them?" she said. "The fence is still there, people will no longer be able to use the land.
"What do they gain by insisting we take it down? If we had done it on purpose, I would understand.
"I just feel like we're in a very different position: Can we find a way around it with humility?
"We are the innocent party who violated a procedure," she added.
In January, Mr Noke, 52, who has lived in the New Forest for 30 years, appealed to the New Forest Verderers' Court, the body responsible for the forest's maintenance, for its support of a land swap solution .
He told the open court: "I applied for planning permission in the belief that I owned the land, with no indication to the contrary.
"I wouldn't have applied for a building permit if I thought the land wasn't mine."
He continued: "We are therefore in a situation where there is a small area of forest land, which we previously thought was ours, and which is inaccessible to the common people or the public.
"[Forestry England] have written to us demanding that we withdraw the extension, failing which legal action will be taken against us.
"We consider ourselves innocent parties in all of this and want to try to resolve the matter amicably."
The Verderers
The couple suggested they would be willing to do a "land swap" with Forestry England, which would 'require the consent of the Verderers'.
Responding to the "illegal infringement", the Verderers said: "It was agreed that it is not for the Court to decide the way forward to resolve this dispute.
"A land swap will be considered if Forestry England comes forward with a proposal that is supported by all landowners involved.
"The Court has generally agreed to land exchanges only in exceptional circumstances and when such an exchange is in the public interest, and not merely a private interest."
In light of the comments, the couple are now awaiting a response from Forestry England.
Dr. New Forest East MP Julian Lewis has backed the couple's cause.
In a letter to the New Forest National Park Authority, Dr. Lewis: "I feel compelled to intervene to allow humanity and common sense to prevail.
"This is not one of those cases where people irresponsibly build an extension and then ask for permission afterwards that they should have gotten in advance."
A spokesperson for Forestry England said: "We have been speaking to Mr Noke directly and through legal representation about this matter since the very early stages of construction work.
"The issues center on building on Forestry England land that is designated and protected as part of the New Forest. While these discussions are ongoing, we cannot comment further."
