Developer put fence along and ACROSS our land, without permission

[PuzzledObserver]

I’m really hoping this was a mistake which will quickly be sorted out, but just at the moment I can’t sleep for thinking about it, hence posting this at 1am.

We live in a new build, the first house in the road. There is a track up the side of our house, currently used for access by the developer as they finish off the last few houses behind us, but destined to become a cycle track. There is a fairly steep bank at the front and side of our house (alongside the access/cycle track) as it’s on a hill - the bank is planted with a load of shrubs nearest the house and then some fairly scruffy grass, which we are hoping will eventually be overtaken by the low maintenance ground cover we have transplanted.

Came home today to discover a low (about 12”) post and rail fence had been installed along the edge of the track, from the back of our property most of the way towards the front, but then turning a right angle and coming up the slope to meet our house. The developer has built a fence not only around, but ACROSS our land!!!

I hope the obligatory diagram makes it clear - it’s a portion of the land registry thingumibob, our property is outlined in red, with the two rectangles within the red being the actual house and the detached garage. Also a photo of the particularly offending section, for clarity, but for some reason it’s rotated, sorry.

DH thinks there is some sense in the section of the fence alongside the track, to make it clear our bank is not public property once it starts being used as a cycle track. I think it looks better without - but even if it would be useful, they should have blooming well discussed it with us! And the bit which comes across to the house just looks stupid. It’s concreted in!!! From where the fence meets the house, there’s about another 6ft of house in front of it, plus the bit from the house down to the road, a further 12 ft or so.

Have sent indignant email to the company, asking for the relevant person to contact us to discuss.

I want them to rip it out, including the concrete, and cover it over so we’ll never known they’ve been. And while they’re about it, they can make good the damage caused to the kerb and the lower portion of the slope by heavy plant going up and down the track and coming too far this way.

So just one part is on your actual property? I'm not sure if you can do anything about the part that isn't but I'd think you could take down the bit that is on your property. Best to wait for them to get in touch before doing anything though. Hopefully someone will have a better idea of the legal position here.

How ghastly! I hope you can get the part across your land removed with no fuss - it looks like a mistake, and a silly one at that given that it heads towards the wall of the house. You may not be able to do anything about the rest of it, except to grow some nice climbing plants on your side and enjoy the small de facto expansion of your block.

I get why they've done it - to make it clearer where the boundary is to the cycle path...but cutting your garden like that is stupid and I can see why that's pissed you off as it's ugly and wrong. I'd be pretty annoyed myself. They can leave the fence that runs parallel to your house as that's not on your property but they really need to sort where they have.

I wonder if they've cut it across to your house like that as it would look really weird if they didn't connect it to something and left it randomly at that point but why not just go down to the corner where the boundary actually is... Or not bother at all of you think its not going to be an issue (my only concern would be people cutting the corner but as it is the fence they've gone won't actually stop that issue from occurring.

Have they got any rules around no fences in the front gardens etc that they're trying to adhere to? Either way unless they had your permission (and it wasn't written into your contract when you bought the house) I think they've got a lot of explaining, apologising and putting right to do there.

Well done on emailing them so quickly about it. I'd give them tomorrow and then chase them on Friday if possible. They're definitely going to have to do that kerb too with. Hope you get it sorted quickly and easily.

@lifeinthehills my memory of the plans was that our land extended almost to the track, with just a narrow strip not included - what I think they call a service strip. Checking it now, it does look like “their” bit is wider, although it also says that the plan is not to scale, so it’s a bit unclear whether the bulk of the fence is on our land or not.

We certainly won’t be doing anything (like ripping the fence down) before we’ve heard from them, don’t you worry about that.

I also have no intention of bearing the effort and/or cost of taking down the section which is on our land - they did it in error, it is their responsibility to fix. The only discussion as far as I’m concerned is whether they

1. take it all out,
2. take out just the bit at right angles, or
3. take out the bit at right angles and extend the rest to the front to reach the pavement.

My preference is 1, and if it were just me here without DH, that’s what I would be insisting on. I could live with 2 for DH’s sake. But if we’re going to have any fence at all, I think 3 would be preferable to 2.

It is clearly more of a symbolic fence, than an actual barrier to anything. But it should be enough to stop kids riding their bikes on our bank and at least indicate to dog owners that they shouldn’t allow their dogs to do their business on it (like they currently do on the similar-but-public bank on the opposite side of the road). That’s DH’s argument about the section parallel to the track. I still don’t like how it looks.

@BettaSplenden that’s a good point about people potentially cutting the corner…. it’s not physically possible at the moment, because there is still a sign there saying “Marketing Suite” which we are hoping they are going to remove in due course. However, it’s unlikely to happen anyway, because it really is quite a steep bank, so steep it’s difficult to stand on to strim - the photo doesn’t do it justice.

Ive been racking my brains trying to remember whether there are fences in front of any of the other houses (of course it was dark when I got home, and I was too busy being incensed to go and look). I can’t “see” any in my memory, iykwim, but I can “see” some between the fronts of other houses. But I might be mixing our estate up with another little one we walk through.

Tomorrow will tell. I really ought to try and get some sleep - busy day tomorrow.

Oh, I forgot to mention - there is a side gate immediately behind the house, giving access to the back garden, and a path from it down to the track. Now blocked by the fence.

OK you can step over it, and the path is too steep to be of any practical use, but that’s not the point!!

I think it's pretty normal for developers to put in boundary fences on the sides and back, and then some (with gates where apt) dividing the front garden from side alleys and the back garden. We've got proper 6ft fences though, they serve a purpose.

On your plot the bit of low fence at right angles is of no use or ornament. The side fence is a bit different as it continues along the path - part of its purpose may be to make a distinct line if people grow hedges or shrubs which need to be trimmed back to keep the path clear.

That's just nuts as well as being ugly. Hopefully they'll come and take the right angle bit out. I would prefer option 3. It's really difficult to tell on some estates whether land is public or private. With no fence at all, you will get people on the bank.

from the plans it doesn’t look that the vast majority is on your land so option 1 is likely out of the question. Personally I would want a barrier there too from the track, and probably something more substantial for privacy and security reasons. I’d ask for option 3 but definitely ask them to remove the right angle section cutting across your lawn

They should definitely remove anything that’s on your land.

My concern would be that kids will use the fence for hanging around and sitting on.

You might be better installing your own fence along the edge of your garden, if you can afford it.

Check the planning approval. There will be a boundary fence plan that shows where the dances will all go

See this doesn’t look like a fence to me. It looks like a cheap temporary measure to direct people to the track and stay away from your land. I would assume there has been a communication error with the builders Rd re the 90 degree part on your land. What does surprise me is you have not put your own fence up.

Whilst emailing and chasing, can you also find anyone on site, any foreman or site manager to talk to this about? Surely one of his men installed said fence?

I really do not see the issue, it's clear why they put it there and there probably finishing off the housekeeping on the estate at the moment.

Get some real problems because this ain't one.

They installed a fence which cuts across her garden. I think most people would be annoyed about that. 🤔

The OP said the fence was concreted in, so it doesn’t sound temporary.

I can see why you're blazing - what the hell? Whoever put the fence in has just decided that's the best place to put it to stop access to your garden without realising they've cut across your land.

As you've quite rightly stated, communication of their plans would have helped. I wonder if the position of the marketing suite sign meant the contractors thought that section wasn't your land.

I know you've emailed, but I'd be tempted to go to the marketing suite and/or site office and complain - someone there will know who you need to speak with even if they can't do anything themselves.

That's just odd! Hopefully a mistake they will rectify immediately.

If you need to leave for work before the workers are there, can you put a sign on the fence saying it’s in the wrong location and to call you before doing any further work on it?

I would be cross about the bit that is across your land but the other bit makes sense. I hope you get it resolved.

I've just re-read your posts OP and my preference would be that the whole thing is removed as it means your path leads to a fence now as well.

Is there a development landscaping plan on the planning portal? Our developer added loads of stuff like this afterwards and then (falsely) claimed it was on the plan.

I live very near an estate with identical situations, the estate is about 30 years old now and most of those side verges along the cycle paths have now been fully fenced in by the homeowners anyway after years of plants being ruined by children leaving the path to play on the grass, dogs pissing and shitting on it, nosy parkers stepping over the fences to have a quick gander into your windows. The estate also has large areas of low growing ground cover bushes on some of the verges, it took 20 years but it looks great now. But 20 yrs... . Lots to consider.
I'd definitely create about the fence cutting across to the house but I'd be wanting more of a fence.
Also have experience of service spaces, and I think they're supposed to be 45 or 50cm wide. In my rural lane we own our front gardens, then the grass verge up to 45cm from the tarmacked road. We don't have pavements.

I'm not sure you can demand the fence not on your land can be removed. But the actual owners (council?) might be interested.
You can definitely request the fence cutting across your land be removed - and maybe suggest your options 2 and 3.
Going to the sales office, and getting talking with them and the site manager is an excellent way forward, imo.

This is awful quality. Imagine covering the access path to your back garden!

I would be pushing for #3 and would accept #2 but they need to make a gap for your access path.

I do suspect a fence is needed though.. The last thing you want is fly tipping against the fence or dogs pooing on the bank.. If that ever got turned into an access path for another reason, a physical demarcation of your land is a good thing.

I'm not entirely convinced they have done anything 'wrong'.
It seems to me it is quite standard to have fences separating back and front gardens and their cross piece might be doing just that and then be in line with the rest of the road.
They might even be planning to turf the front gardens in line with development plans or something.