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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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

224 replies

Homemoans · 07/06/2016 21:48

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

OP posts:
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13
Katkincake · 07/06/2016 23:17

Ditto calls to look at land registry property register map to show legal extent. Many moons ago I used to work for them drawing up property extents from development maps and plans. A thick red will denote the extent of your ownership, but coloured hatching and other forms of drawing are used to show easements, rights of access etc.

Many new developments had to be surveyed by us before we could map extents though, as sites changed from first plans or what developers presented.

Hope you get things clarified. but I'm of the view that it needs to be left to nature if that's what was intended.

wasonthelist · 07/06/2016 23:21

StopLookingAtMyAccount

Good point - it runs behind the gardens of 175 - 204

throwingpebbles · 07/06/2016 23:22

I'm not sure your solicitor has done a good enough job of making things clear
-'the land registry plans are the clearest indicator of ownership - have you got these?

  • you might own the "wildlife corridor" but you would still have to comply with any planning conditions or obligations as to how it is used and maintained
  • has the developer reserved rights to acquire your front garden at a later stage?
sittingonthedock · 07/06/2016 23:22

agree with Mouikey's comments above. Almost certainly it is a planning requirement.

That said, plans can be incorrect - so check what was in the contract, what was in the land transfer (probably an AP1 form) and what has actually been registered in the land registry. For a relatively small area it's actually quite easy for the plans to be wrong

All the above also applies for the area in front of the house too..

Homemoans · 07/06/2016 23:26

Other houses opposite mine such as 203 and 204 have both also removed the fence and now have a bigger garden to the second fence

AIBU to think my new home developer can't put a wildlife corridor in my garden
OP posts:
StopLookingAtMyAccount · 07/06/2016 23:30

The fact that other houses have removed the fence means diddlysquat.

You need the deeds not the plans.

Sallyingforth · 07/06/2016 23:37

OP, lots of people have given you advice here, and some of it from experts. But the only way you can find out for sure is to demand that your solicitor shoes you exactly what land is yours and what restrictions, covenants and licences exist.
What you would like, and what others think, is just speculation.
For what little it is worth, my speculation is that sooner or later that road is going to be extended through your 'front garden'.

IoraRua · 07/06/2016 23:38

The other houses pulling stuff down means sweet fuck all if the council get after them. Personally I think it looks like it's not yours. But get your arse to the solicitor and seek proper legal advice.

StopLookingAtMyAccount · 07/06/2016 23:40

For what little it is worth, my speculation is that sooner or later that road is going to be extended through your 'front garden'

For what little it's worth I dont think that. Wink

wasonthelist · 07/06/2016 23:46

For what little it is worth, my speculation is that sooner or later that road is going to be extended through your 'front garden'.

If I could get odds at Paddy power on that, I'd put £100 on it. They will keep applying until granted, appeal if they need to, until they grind down the council enough. It's happening around here all the time. However I agree this is speculation and op needs a definitive answer from sols.

StopLookingAtMyAccount · 07/06/2016 23:58

For what little it is worth, my speculation is that sooner or later that road is going to be extended through your 'front garden

...Mmm, so I think I'm confused. This it right that the pink bit is owned by the developers but that the OP is using it on license. 🤔

BTW I agree there is a strong likelihood that the developers may well eventually be successful in gaining planning permission for future developments.

AppleMagic · 08/06/2016 00:02

If they do develop I think the fact that they need the wildlife run suggests that they would remove the hedgerow and build directly up to the other side of your boundary. If they were planning to keep the hedgerow presumably that could act as a wildlife run.

LyndaNotLinda · 08/06/2016 00:13

Yep that hatched bit is theirs to take back the moment they get their mitts on the country park

Fozzleyplum · 08/06/2016 00:26

I reckon the "wildlife corridor" might in fact be a ransom strip, retained by the developer. This could enable the developer to e sure that it gets to name its price for access to a future development. We have one by our house.

Spartak · 08/06/2016 00:30

I work in planning enforcement, I do the site visits and serve notices when there are complaints about things like this.

You need to have a look at the planning decision notice for your estate to see what conditions were imposed and what the requirements are. You may also need to look at the information submitted with the application - there is likely to have been some kind of wildlife survey, and also the officers report. If you are in England this should all be available for viewing online.

Responsibility for compliance runs with the land not the developer or previous owner.

If you PM me the details of the address of the development and the planning application number, I don't mind looking it up for you on whatever Council website it is.

GarlicSteak · 08/06/2016 00:52

I'm laughing so much at Queenbean's observation, I haven't been able to concentrate on the replies Grin

SoupDragon · 08/06/2016 07:07

the only way you can find out for sure is to demand that your solicitor shoes you exactly what land is yours and what restrictions, covenants and licences exist.

This, absolutely. You need the deeds, not the plans.

dillydotty · 08/06/2016 08:29

What does it say on your LR title docs?

Marynary · 08/06/2016 08:47

You need to speak to a solicitor about it. Although you may own the land, someones else may have right of way which means you can't block it. It will be in the deeds, I think.
The developer probably had to put it in for planning permission so blame your solicitor for not pointing it out.

whois · 08/06/2016 08:58

Hope you get an answer from your solicitor today!

londonrach · 08/06/2016 09:01

Agree with what everyone else says. I do think op you might find the pink area becomes an access road at some point so be careful what plants etc you put there as they might need moving at a later stage.

hewl · 08/06/2016 09:04

I reckon the "wildlife corridor" might in fact be a ransom strip, retained by the developer. This could enable the developer to e sure that it gets to name its price for access to a future development. We have one by our house.

^ this

StubbleTurnips · 08/06/2016 09:14

OP - just a note to say that You've left some identifying information on your pics. Town name, and camera roll. I know where this is as I'm not too far away myself.

GoudyStout · 08/06/2016 09:20

From experience, I would clarify what constitutes the property boundary and what constitutes the estate boundary, and who is responsible for the common areas within the estate. Is there a factoring / management fee or a residents association that charges a fee for maintains the common areas? Has the LA adopted the common areas / will the LA be adopting the common areas?

splendide · 08/06/2016 09:21

I found your address no bother and that's with no local knowledge. You might not care to be fair.