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.

A reasonable result, but personally, I would not be happy. That looks exactly like the kind of fence that kids will love to try to walk along, sit on etc. Also, who is responsible for maintenance? It will rot or break in no time. As PP have suggested, put in your own hedge or much higher fence asap.

Yes, I’m surprised by all the “It’ll stop dogs shitting on your verge” comments, because I can’t see it, but if it’s a cycle path maybe people won’t use it for walking, hopefully. But, where I live, that kind of fence would be popular for people to sit on or play on.

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

id go and purchase Laurel, Mexican mock orange and varieties laurel put in on the edge of the property to give you some privacy and boundary without work.

plant 3/4 foot from the edge and the shrubs will be evergreen so give coverage winter and summer. They will grow up to about 6ft but rarely need any trimming and look pleasant- the Mexican orange smells good

Or a holly hedge would be a good people deterrent. £££ for mature plants but worth it as they are slow-growing.

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

If they are blocking access for a wheelchair user that's not legal. All new houses have to have step free access for wheelchair users and that is often via the back as front doors tend to have a step.

Find out who is responsible for maintaining the fence - we've had to spend years getting the house builder to pay the Council to replace bits of one by ours that's rotted and been broken by kids walking along it. It's supposed to be common land but actually still owned by the house builders 17 years later. They also still own the paths, although the roads have been adopted, so have to trim our hedges on their side. Weird.

I can imagine it was a bit of a shock to come home to and I agree the bit cutting across your garden is ridiculous. However, I think you will be grateful for the bit down the side of the path in time to come and where it stops I would then look to plant a bed of hardy shrubs to finish the boundary to the corner so that you don't have people constantly cutting across your garden. Most people on our 30yo estate have put fences and hedges down the side of properties near paths because of the same thing.

To answer a few points raised by various people:

• we are responsible for maintaining the boundary on that side (I found that while looking through solicitors paperwork)
• It will be a deterrent to pooing by dogs with responsible owners, because the owners will see it and know it’s not public land, and move their dogs away. And they would pick up anyway. Irresponsible owners are going to let their dogs poo regardless.
• last summer there were often kids sitting on the bank on the other side of the track. They never attempted to sit our side, even without a fence there.
• No amount of planting down there is going to add any privacy - our privacy that side comes from the fact that the windows are so much higher than the track.
• Given the steepness of the slope, people are not going to be using it to cut across. Maybe at the very corner, but that’s it. In which case - planting something prickly would be the way to go.

The marketing suite sign was taken down yesterday. Still waiting on the fence move, but the manager was seen instructing one of the lower-downs yesterday.

There are four steps up to the front door.

I wouldn’t attempt to take even a buggy up the path to the rear, never mind a wheelchair. It’s far too steep.

When did the law about step-free access come in? The house was completed in 2018 (it was the showhome) so obviously planning was earlier than that.

UPDATE: Contractors came back yesterday afternoon and sorted it as agreed.

We went out and had a chat as they were getting ready. Turns out they thought it looked odd, but we’re told by the Developer that that was what was on the schedule, so that was what they had to do. They also wanted to bring it down to the corner, and were told they couldn’t do that.

Here’s the revised version. It looks OK, I suppose. I think I will get used to it rather than love it. But at least that unsightly bit is gone.

That looks a lot better. Are they going to put anything in to stop people driving up the path?

It's not great, but it is better! I'd still go for the previous suggestions of a hedge alongside, a spiky one!

Who knows? It’s supposed to be a cycle path, so we assume a barrier of some sort to stop kids riding straight into the road.

Until recently, there were gates at the top which prevented a closer inspection. I suspect the path will narrow at the top so as not to be accessible by a car, but we haven’t yet been for a nosey.

It’s on the mental list!