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AIBU to think my new home developer can't put a wildlife corridor in my garden

(225 Posts)
Homemoans Tue 07-Jun-16 21:48:13

I've just bought a new build house, when we moved in we realised that the developer had fenced a strip of land at the side of our garden off, when we asked why they said it's a wildlife corridor. The boundary on the deeds is the second fence so we immediately on completing took down the internal fence. They are now saying we need to reinstall it or they may contact the council who will Inforce it?! Surely this isn't possible for them to dictate what we do within our boundary. I'll try and attach some pictures if I can work out how to make this a bit clearer

LuckySantangelo1 Tue 07-Jun-16 21:49:34

You need to speak to your solicitor. They should have flagged this up when dealing with your conveyancing.

Homemoans Tue 07-Jun-16 21:50:16

Our house is the corner plot 205. You can see on the planning they have put the two fences but you should also see ringed in red our land. Am interested in any ones opinions on this?

Pheobe1 Tue 07-Jun-16 21:51:19

I've no idea wether they can or not, i do think it sounds like a love idea though.
Why don't you want it?

littlemonkey5 Tue 07-Jun-16 21:53:08

You need to speak to your solicitor. They should have flagged this up when dealing with your conveyancing.

I second that, it will more than likely be a clause in your deeds but you need to speak to your solicitor because if that is true and they missed it, you can give them hell as you paid them to tell you things like this.......

Homemoans Tue 07-Jun-16 21:53:51

I don't want it as we are adjacent at both the side and back to a country park so it really isn't necessary. And it encroaches on my precious garden space which with three kids I want to maximise fully

Arfarfanarf Tue 07-Jun-16 21:54:55

Is it anything to do with protected species in the area?
Perhaps it was a condition of them being allowed to build on the land.
I agree with pp that you need to consult sol

Homemoans Tue 07-Jun-16 21:54:55

I just don't see how they can tell us what we have to do once they have sold the property to us and it is legally ours?

Queenbean Tue 07-Jun-16 21:55:00

Some great other photo on your camera roll there OP!

TeenAndTween Tue 07-Jun-16 21:55:18

My gut feel from looking at the diagram and the photo is that you won't own the land the corridor is on. But in your photo of the white plans I couldn't see the relevant boundary edge to see what it says.

AChickenCalledKorma Tue 07-Jun-16 21:55:27

Sounds like a condition attached to the planning permission, in which case it would apply to the land regardless of who owns it. I agree that your conveyancing solicitor should have picked it up. Do you have a copy of the planning permission for the houses?

NotSayingImBatman Tue 07-Jun-16 21:55:32

Looking at the site plan it seems like the wildlife corridor isn't part of your garden. Looks like it's your fence, wildlife corridor, estate boundary fence. The photo you've posted seems to reflect that.

Or am I missing something?

CocktailQueen Tue 07-Jun-16 21:55:44

A wildlife corridor? That's just a shitload of mud. Bet the developer just paid lip service to the idea.

I think it's essential to have wildlife corridors, and I would love one in my garden. But it should be marked on the deeds and they shouldn't have taken space from your garden to create it. Go back to your solicitor?

OddBoots Tue 07-Jun-16 21:55:55

I can't quite work it out, is it the bit I have put red dashes on from your plan?

littlemonkey5 Tue 07-Jun-16 21:56:32

I just don't see how they can tell us what we have to do once they have sold the property to us and it is legally ours?

If it's in the deeds, you will have bought the house agreeing to it

MyMurphy Tue 07-Jun-16 21:56:42

We were in this exact position, we asked the builders "who is going to maintain this piece of land?", they wouldn't give us an answer. My very law abiding hubby insisted that we leave the fence up. (Three years later, we sold the house, the land was a mess of tipped debris and not maintained at all.) The person who bought our house, immediately pulled the fence down and opened the garden up, where 20 years later it has remained!!

Homemoans Tue 07-Jun-16 21:57:12

No protected species and there is ample wildlife space on the other side of the fence, a whole Country park in fact

ChippyMinton Tue 07-Jun-16 21:57:33

Presumably it's to safeguard a route for wildlife when the adjoining land is developed (assume you are aware of that too?).
You need to contact your solicitor pronto.
And look up the planning consent and see if it's a planning condition.

Arfarfanarf Tue 07-Jun-16 21:58:24

In fact, if they are talking about the la possibly enforcing it i bet it's something like that.

AChickenCalledKorma Tue 07-Jun-16 21:58:27

Yes, the council can tell you what to do with the land if there is a planning condition saying it must be fenced off. They can take action to enforce the terms of the permission. You need to find out what the planning permission says. If your documents aren't clear, the planning permission is a public document and will probably be available on the council's website.

ChippyMinton Tue 07-Jun-16 21:59:14

Ah, is that future access to the country park? Assumed it was more housing.

deste Tue 07-Jun-16 21:59:21

Is it not a case of the fence being on the plan so to get the estate signed off with the planners it has to be there. I'm sure it could fall down once the whole estate is finished.

ohidoliketobe Tue 07-Jun-16 21:59:32

Same as batman above. In your photo the plot boundary fence runs from your house, and the two plan photos seem to reflect that. I would assume the second fence is part of the estate boarder.

OddBoots Tue 07-Jun-16 21:59:42

The country park makes no difference, if the developers have done the job correctly they will have put the corridor where the wildlife travels - the wildlife possibly doesn't use the park.

Ceic Tue 07-Jun-16 22:00:01

Looking at the plans you posted, it might be marked. In the colour one, there is a line marked just inside the light green area. In the B&W plan, that line is there again - just. These both seem to correspond with the fences in the photo. I can't see your boundary on that side in the B&W plan. Are the trees (at the side of your house) in the colour plan on your land?

Agree you need to go back to your solicitor.

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