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

I'd be having a word with my solicitor asap as they don't appear to of explained the. Planning well.

The second photo isn't your deeds though is it? That looks like a master plan of the whole sure. Your boundaries are marked in red on that first photo. From what I can see, this corridor isn't in your boundary, the first fence us your boundary. If you e taken that fence down you will be liable for the cost of replacing.

The bit I don’t understand is that if they were to develop the adjacent land and build the access road through OPs front garden then that would sever the wildlife corridor surely rendering ot pointless?

Looking more closely at those plans, it seems clear that your access was designed to be straight onto the road in front, just like every other house on the development.
The council wouldn't let the developer put that bit of road in, because it would be a presumption of future permission for the next phase.

So the developer has allowed you to use that land and drive over it, until they get permission for the new houses. It also has the advantage that you have to maintain the land instead of them.

I'll bet that the utilities, drainage etc to your house were laid out via the vestigial road over your garden. You'll probably find a manhole cover there.

If my speculation is correct and your solicitor didn't advise you, you have a good case for compensation. The future value of your house will be affected if instead of having a large front garden and a view of the country park, you find that you are in the middle of an estate with a road outside your front door.

I hope I'm wrong OP, for your sake.

OP there are lots of things you can't do on your own property. Just because it's yours doesn't mean you can do whatever you like, the law still applies to you, even if you own some land.

With regard to this strip of land, firstly you can ask the Land Registry for a land ownership plan of your property. It will cost a few pounds but it will show you the boundary and clear up the issue of whether or not you actually own that land.

If you do own the land, there a two main ways that your use of that area might be restricted. Firstly the developer may have placed a restrictive covenant on it (which should show on your land registry search, or you can do a Local Authority Land Charges search just to make sure). If they have a covenant, for example, that the fence must remain in place, thy can take you to court for breach of that. However, the fact that they are not threatening to take any action against you themselves suggests they haven't got anything in place which would allow them to do that. The fact that they're threatening to tell the Council suggests it's more likely that there is a restrictive planning condition on the planning permission requiring that wildlife corridor to remain in place. You should be able to obtain a copy of the decision notice from the planning office (probably for free on their website) and that will have the full list of conditions on. If you can't be bothered to look it up yourself, just ring up/email their planning enforcement team with the details and they'll look into it and let you know if you're breaching the condition or not (although if you are, you'd better fix it pretty quick before they take enforcement action against you - but they will give you time to comply before taking formal action if you tell them that's your intention).

Good point shouldwebeworried

Hope it is all sorted out OP. House buying sometimes feels like a minefield

No, shouldbe. The wildlife corridor is on the other side of the house. It's a separate issue.

The developers website quite clearly shows that the area adjacent to the side of the house as possible future development, and the area in front of the house as a possible future access point. The wildlife corridor separates the existing development and the future development, so if the future development goes ahead it will provide a green route through the middle of the estate. The wildlife corridor may also extend around the rear of the property (hard to tell from the schematic).

OP - stop looking at the plans and start looking at the deeds. The plans are just plans, what you have bought is what's in the deeds. Talk to your solicitor. Don't take any fences down until you've confirmed you actually own the land. Be careful with your front garden, you might well end up losing it. I'd speak to the solicitor as well about that.

Solicitor here. Have located your house with two clicks of my mouse (you might want to take down your photos or crop out the identifying bit btw). I have looked on the Land Registry's free map search and your plot is not showing up as a separate title, so your application for registration has not been completed yet. That is not unusual with a sale of part. The Land Registry are taking months to deal with such applications.

So, forget the Land Registry for now. The key is to look at the Transfer from the developer to you. It will be headed 'TP1' and should have a plan attached. It will show the land being transferred, almost certainly edged in red.

Then, if the corridor is within the red edging, is the corridor coloured or hatched at all? If so, that will link to a covenant in the Transfer. A commitment from you to keep it maintained. It may be amongst such promises as don't annoy your neighbour or park a caravan on your drive.

I haven't linked the full site details Planning/ site status but I can clearly see that this land has constraints in the Environmental designations and although its a small % wildlife corridor is listed under the development they must agreed to this in order to have built the 241 dwellings and apartments. I have edited and removed any information on there which would give way where this is but I know exactly where this is from the small information that you gave and I live no where near here.

The developers will contact the council because by moving the fence you have removed the wildlife corridor and infringed on the constraints in the environmental designations. The developer agreed these constraints they cannot be seen to be breaking them, the council will come at you directly because the developers kept their end of the bargain by creating it but then you moved the fence so it appears to the developers you infringed on the constraints.

I can clearly see that all the plans clearly show your garden boundary as the one closest to your house followed by the wildlife corridor, then the main boundary. The issue here is what does it say on your deeds? and if you do own that land is there a constraint on that section of it? I have a feeling there will be and yes you will have agreed to it when you bought the house even if you didnt realise it at the time. You will have to re-erect the fence and move the outhouse/ shed you built on that land if that is the case.

SnoozeButtonAbuser Is completely spot on with this there are lots of things you can't do on your own property. Just because it's yours doesn't mean you can do whatever you like, the law still applies to you, even if you own some land.

What's your point? Am not sure why everyone is mentioning they might be able to find the house, obviously when putting pictures of the plan online I realised this.

I have spoken to the solicitor and the deeds haven't been returned from the land registry yet there is aback log from April

OP - I suggest you check if you have legal expenses insurance as part of your household insurance. This may cover the cost of investigating the extent of your boundary

Can I suggest that you reinstate the fence (even if it is just wire mesh) for the moment? Then, if you are right, and you don't have to have the corridor, it will be easily removed, but if the developers are right, and the corridor is either not your land, or is your land but there's a covenant in your deeds obliging you to have the wildlife corridor, you won't get in trouble for having removed the fence.

I hope that makes sense.

I have spoken to the solicitor and the deeds haven't been returned from the land registry yet there is aback log from April

Surely there is a copy of the deeds somewhere? What if they got lost in the post?
If you have a mortgage the bank would have seen them.

No need to be so snotty OP, some pp's have given you better advice than your solicitor, you could at least acknowledge them, or even stretch to a thank you if you're feeling magnanimous.

I thought you cared because you'd bothered to screenshot the plan rather than just link to it.

You solicitor sounds incompetent - you can't buy a house without knowing what restrictions there are on your use of the land.

Yes I have the deed plans but actual deeds as I keep being advised to check haven't been issued by land registry yet

So is your solicitor saying he/she is not able to tell you whether you can take the fence down or not? They should be aware of the extent of the land and of any restrictions of your use of that land. Otherwise how can they advise you?

I'd think fairly seriously about a complaint.

Go back to your solicitors and ask them to clarify the boundaries agreed when you bought the property and any conditions registered on the title that has been submitted to the Land Registry. They should have all of the information and it should have been made clear when you bought the property. Have you spoken with your neighbours at 203 and 204?

All of the 4 blue houses have also take heir fences dow. It effects them to a lesser extent than us though as their gardens are smaller

Thank you for the advice posters, particularly from the people who really seem to know what their talking about

I'd guess the blue houses will have had the same warning from the developers - have you spoken to them? (Blue house owners)

The warning from Developers hasn't come out of the blue, we are currently in negotiations with them to install land drains to our massively water logged garden, I think they are bringing it up as its now a bigger area for them to drain, although still all within our boundary