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

[Homemoans]

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

You say you now have an extended front garden - can you post a picture of the deeds which should specify this as well as your other boundaries?

It looks like the corridor is separate to me, that's why it has a black line around it?

I can read the key on the side of the photo that explains what the thick black line is....but I think it's denoting B the type of fence....boy boundary line

But on the picture with the pink lines the corridor is inside the ops pink line boundary...

I can't read the key

Which is the plan that the Land Registry holds? The one on your deeds? I would think that is the legal one, as it is very possible the builders plans may not be as accurate. Clearly the builders think it isn't your land, otherwise they wouldn't be saying that it must be put back and is enforceable unless there is a covenent.

Looking at the photo of the house, it looks like your side gate meets the internal fence - the one you have removed - so that would suggest it is the boundary?

Get proper legal advice but be prepared to have to put it back...

You need to look at your deeds (your solicitor should have sent you a copy of the property details from the land registry after completion) to see where exactly your boundary is and what covenants are against your land. That will give you a definitive answer rather than looking at developer plans.

The pink line in this photo which goes around the second fence and the large front garden which has now been confirmed as being ours

The two fences are clearly marked in the latest plan. I can't quite make out what the plans say they are. Definitely two fences in the plan though.

I think it is theoretically possible for it to be both part of your property AND to have a dedicated use. That isn't necessarily a contradiction. You need to read the deeds and consult the solicitor who did the conveyancing.

You say you now have an extended front garden - can you post a picture of the deeds which should specify this as well as your other boundaries?

Yes, if the plans changed, they will have drawn up new ones. If you now have to maintain the red part, forget these plans, you need the updated version.

So the whole pink hatched area is now your front garden? I don't think that can be right?

And these are site plans, not plot plans..... Plot plans will have the garden and house of the plot adjacent, not the whole street. It is also much bigger and in more detail. You should have a copy at home.

x-post - yet another plan!

I agree that it show your boundary is between the two fences BUT this isn't the current plan as you now own more at the front?

I don't understand what is your front garden either. The pink hatched/shaded bit? That looks a bit strange of so.

We have this in our local village in France except I didn't realize that's what it is til I saw your pictures. Everyone respects it here. Someone has their rabbit cage in it.

What a lovely idea.
Personally I'd wait until the developers move out and pull the fence down, plant it as a wildlife garden with lovely tall grasses, hedges and cornflower type flowers.

I'm really pleased there is this sort of thing being thought of, it's so important. Have they put hedgehog holes in the fences?

Think plans look as they're saying. Sorry.

Are you sure that pink hatched bit is yours as i woudl see it as part of the street..
Your internal fence the one you took down wraps to your garden gate saying that is your boundary. You shouldn't have touched it without checking your rights first.

And these are site plans, not plot plans..... Plot plans will have the garden and house of the plot adjacent, not the whole street. It is also much bigger and in more detail. You should have a copy at home.

You need the copy that the land registry hold, which should show both the new front garden space and the back.

You may also find that there are restrictive covenants on what you can and can't do with the land, even if you own it. If this is the case, then yes, they are enforceable.

How carefully have you read the Deeds? There's probably a clause in there.

Or check the planning permission the developers got, as there may be a Council imposed clause.

Agree with letthefundusbegin and littlemonkey5.

With up-to-date plans, as held by the Land Registry, you should be able to see where your boundary actually is.

Town planner here...
... Firstly you need to establish exactly what you purchased - this should be through your solicitor, but to me it looks as though someone has cocked up and included the wildlife corridor that should be part of the wider management companies responsibility - this would be normal approach (I assume you will be paying an annual service charge? If this hasn't been identified you also need to discuss with your solicitor). However, when looking at the plan it does suggest to me that your 'curtilage' ends at the inner fence.

EVEN if it is in your ownership, planning permission no doubt would have been granted on the basis that this was included and you will no doubt find that the planning permission would have had a Section 106 or conditions attached to control this. If either of these are the case and you were to remove the inner fence you would be breaching the condition and the planning permission would (in essence) be revoked. Thats serious and if enforcement get involved (which the developer has threatened) you will end up going through a long (and costly process) which is unlikely to result in an inspector supporting your case (if you were to take to appeal). I would not recommend removing the fence when the developers move out - others such as neighbours parish or town council or local councillors are always reporting breaches to the enforcement team, so don't base your decision on the other advice you have been given, it is just not worth the hassle.

Your solicitor should have raised all this with you and would have seen the planning permission. Sadly many don't actually pay much heed unless you specifically ask, but it does suggest that they have missed something that may (or not) be in your ownership with significant restrictions. You would probably have a case against the solicitor if this is the case.

By the way are you aware that the pink hatched space indicates a possible access for future development adjacent to you home? I assume that the solicitor raised this with you???