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.

It's quite possible that this was done by subcontractors on the site, who have got it wrong. Send an email to the company, but also see if you can find the site manager and explain the issue, in my experience they're the person you need on side to make things happen!

@BlackberryCat - You might be better installing your own fence along the edge of your garden, if you can afford it. There is already a substantial 6 ft fence at the top of the bank, in line with the house, enclosing our back garden. The area from there back outside the 6ft fence down to the track is planted with small trees - our very own woodlet! It’s only the front and side which are (were) open.

@WeAreTheHeroes - there is no longer a marketing suite, that closed in the summer as everything was sold. We have been waiting for them to remove the sign. Might send DH over to the site office. But tbh I expect at least a holding reply from Customer Services pretty promptly.

@TeenDivided the dividing bit isn’t in line with anything. The back garden is already fully enclosed. The front is already turfed.

@SOWK - don’t know - might look.

We’ve been in here 16 months, btw. After we moved in there were a few minor things they had to finish off, and they always knocked on and spoke to us about it first.

Although it must be shocking and upsetting, the part that is meant to be there is probably a good idea because without it cheeky people would probably take a short cut across your land and dog walkers would let their dogs poo on it.

I would bey they were supposed to put it up 16 months ago when you moved in to show some kind of boundary and have just noticed in their clear up of the site.

I can believe that the part parallel to the track was meant to be there, but was left off deliberately until there was no longer a need for heavy plant to use the track, as otherwise likely to be damaged (like the edging, which they previously assured us will be made good.)

I find it difficult to believe that the right-angle bit was ever meant to be there. It’s in a completely stupid place, it looks utterly ridiculous.

No reply to my email yet.

If I'm honest, I'd be glad to get a free fence installed but I'm in Australia and it's standard to have a fence down the side and across to the house - good fences make good neighbours ;-) .

Why is the part that (presumably) is meant to be there so far from the kerb? Aren't you losing a good 50cm of land there?

I probably wouldn't get too worked up about the long bit separating the track but the right angle bit to your house is mad!
Hope you get a response to them soon

I’m inclined to agree with your dh. Might be a good thing to have the side fenced off to deter dogs and humans using it. Although that fence is ugly.
But the one cutting across at right angles is ridiculous. Hope you hear from them soon and it’s just a mistake.

Ah sorry, I hadn't looked at the enlarged plan. I now see the dotted border line. BTW, if that's south-facing, some lavender (the kind that is eventually big, not dwarf size) might work well to soften the look of the wooden fence and smell nice.

It is about 50cm, yes - I think someone upthread said service strips were normally 30-50cm. We always knew that the last little bit wasn’t ours - although we have been strimming it when we did the bank.

But I think the real reason they put it there is that the ground was churned up by a digger months ago, leaving an unsightly ridge of earth - the posts are just behind that. Further up the track, the distance to the track is a bit less.

They are supposed to be “making good” the digger damage - fat chance of that now.

I’ve had a trawl through all the documents we got during the buying process, the only thing I can find is an indicator that boundaries on that side of the house are our responsibility (the other side and at the rear, it’s the neighbours). Nothing that shows that a fence of any kind will be installed there. I am coming round a bit to the value of the long straight bit - though it would make more sense for it to come further forward, and that right angle bit has got to go.

Thanks for the lilac suggestion! That side is east facing. We have currently transplanted some patches of Vinca down into the grass with the intention that it will spread, and also put in a load of bulbs. The snowdrops didn’t do much this year, but the tete-a-tetes were lovely. We’re really not gardeners, we just want something to look half decent and be low maintenance.

That's just going to be a mess even if they do take away the bit going across your land. Who's going to mow around that cheap ugly fence?

And why haven't they replace the edging stone that is ruined?

I suppose it will stop dogs pooing on your bank but that's about it. No one is going to walk across it because it's steep and if doesn't go anywhere.

I'm cross on your behalf!

Not lilac - lavender. Told you we weren’t gardeners.

@PuzzledObserver
Other than the Lavenders (not French - they don't last long for me), things like Pieris Forest Flame would be ok, they're pretty hardy. Also something a bit thorny against the fence might be a good idea - we've got a red and a yellow Pyracantha in our boundary. They've been in a good few yrs and are quite bushy now.
You could plant a couple of Honeysuckle and Clematis against your fence too - we've got them scrambling between the Pyracantha - to screen it off. Ceanothus is lovely, bushy with blue flowers - butterflies like it too - which could be a good addition.

I'm not much of a gardener, but the above are all pretty sturdy and have survived really cold winters and too-hot summers -and DH attempts at neglect/over-watering.

And…. RESULT!!

Doorbell rang - site manager has been to call.

As suggested - they put it in to delineate our boundary with the path and prevent people coming onto our land. He said “we won’t put the return in.” We said - it’s already in. He went and had a look, then came back with what DH described as an “oh shit” look on his face.

Some discussion and negotiation. “We put that bit there to prevent people going inside your fence”. Yeah, but it looks ugly!

Outcome: they will take out the “return” (the right angle bit) and swing it through 90 degrees, extending the bit alongside the path further to the front, though still not reaching the corner. They will take out the Marketing Suite sign. And in due course the edging will be reinstated.

When it’s done, I’ll post a photo of the result :-)

I still think it’s an ugly fence, but I can see the utility of having it down the side. I’ll get used to it.

Great news.

How much sun does it get? If it's not deep shade, some roses all along the length would soften the look and also provide more of a barrier. I'd go for a long block of a single colour. You could buy bare root and plant in December/January or so. You'd want someone knowledgeable about roses to advise on particular varieties suitable for that aspect. Then you just have to prune and feed.

Otherwise hydrangeas do well in the shade/semi-shade.

David Austin advise on roses. Otherwise a gardening forum.

@tulips27 it gets a fair bit of sun as although there is a bank the other side of the track, there is no house there, just a gap to the main road.

www.mumsnet.com/talk/gardening

Lots of knowledgeable people!

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.

I’ve lived in a new build with a grass bit at the side like yours, how we wished for a fence so that our land was properly clear to all the disgusting people who used to let their dogs crap in it and leave it for us to deal with. A shame the first few times we realised this was happening was when we discovered it with the mower 🤮

There are plenty of pretty but prickly plants that you could plant over the bit that people might be tempted to walk into. Something like berberis is very bright and cheerful but nobody/no dog would willingly walk through it.

Yes, a decent sized sturdy and perhaps prickly bush where the fence finishes might be an idea and deter anyone from 'accidentally' going the wrong side of it.

This website has some useful suggestions for attractive but painful planting.

Sounds like a reasonable result, OP.

I just wanted to commend you on the lovely clear diagram and photo! Brilliant. Perhaps you could plant a line of box or similar which hides the fence on your side, and provides more privacy from the cycle path also.

That sounds like a good outcome.

The railing along the path is probably not so bad. It will stop cyclists weaving over your grass and churning it up in wet conditions. It would also stop my dogs walking over the grass there. I pick up anything they do but some won't, so it's good to avoid that. I like the idea of planting along it.