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

that last picture makes the corridor look completely separate to the gardens.

Personally I'd insist on a meeting with the solicitor.

They must have records of exactly what restrictions, covenants and licences exist that apply to your deeds and to your occupation of the house. They should be able to show you all this across the table, so that you know where you stand.

The business about waiting for the land registry is just fobbing you off. You need to know now so that you can deal with the Council complaint - they won't be put off with any nonsense about the land registry.

You paid the solicitors to do all the necessary searches and advise you about any matters you should know before buying. If they did not do so properly you certainly have cause for a complaint. And if the matters affect the value of your house, a cause for compensation too.

I don't know anything about land issues but how big is this wildlife they are expecting that area is huge!

Have the blue houses had warning too?

I'd say it affects the blue houses a lot more than you precisely because their gardens are smaller

If you give them that strip of land, will you still have right of way to access the back of your property? All the other houses look to have a side entrance so I reckon the developer is chancing his arm because he has to provide a wildlife corridor within the estate (clause in planning?) and he is trying to use your garden to do it. It is only a temporary fence, so unless he is trying to claim squatters rights or has planning/deeds to legally show his ownership of the plot, I wouldn't worry. Contact your solicitor to confirm.

Another solicitor here. Those plans look pretty clear to me.

And as other have said, even it turns out to be yours, just because you own the land doesn't mean you can do what you want with it. So for example, I have a very long (third of a mile) driveway. Certain others have the right to go up and down it which means I can't use that land for anything other than a driveway. In your case even if you own it you can't do anything with it other than use it as a wildlife corridor.

Homemoans are you the poster with the neighbour, who didn't want you parking the van outside her property?

OP, you said "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".

How has the large front garden been confirmed as being yours? Who told you that? What documents do you have that supports this confirmation that this area belongs to you?

OP don't care what others have done as I mentioned before we had a similar issue with a bit of land out back of our house, other house removed fence and landscaped it

It's a pointless bit of land, council refused "change of use" they have been issues with a notice to put fence back which will destroy there lovely landscaped garden

If they don't do they are being taken to court

So yeah don't just follow suit because others have done it

If it's not been approved you will be made to give it back

Ex-conveyancer here.

Nothing in any of the plans shows me you own that parcel of land - and certainly if you do that doesn't mean you get to do what you like with it - there could well be covenants on it.

When I used to act for people buying new-builds one of my first actions was to send a copy of the estate plan, together with a clearly outlined boundary to my clients and say "is this what you're buying, does it match your expectations, is the garden as you believe it should be".

The onus is certainly on the solicitor to deal with a thorough housebuying transaction but it doesn't always follow if stuff is missed that it is the solicitors fault.

I had a client try it with me "you didn't let me know there was a right of way in my garden" - I referred her back to my letter outlining just that. her response "oh I don't bother to read what you send me, just file them away"

As mentioned above I would be more worried by the fact that there is possible future access! Possibly if they ever get permission to build behind you - you'll end up with a road there!

I agree with that strip of land actually being a random strip.

However greedy and mean and nasty you think the developers are, they are more so.

I have never and will never buy directly from a developer.

Surely this isn't possible for them to dictate what we do within our boundary.

It depends on the circumstances, but yeah, they can. And unless you are freehold or have bought out your ground rent - depending on where you are in the UK, you own the building but you don't necessarily own the land - property law is complicated and you need to speak to a solictor about it. Could be that the wildlife corridor was a condition of the construction.

I don't want it as we are adjacent at both the side and back to a country park so it really isn't necessary.

It's not up to you whether it's necessary or not unfortunately.

No protected species and there is ample wildlife space on the other side of the fence, a whole Country park in fact

Wildlife corridors aren't necessarily about what lives on them as much as what uses them - it could be a trail for wildlife in which case you could have a very difficult fight over it with the council.

Hedgehogs, frogs, toads, badgers you name it, they could be using it.

Some friends of mine have a hedgehog corridor along their garden. They have carefully researched and built lots of little hedgehog chalets for them to raise their babies (hedgepiglets?) in. They are well used :)

If that's the annual route for local ducks, swans, toads or whatever, OP, no amount of showing them the plans will make them change it!

We have a wildlife corridor, it's not fenced off though it just "runs" through the back of our garden. Some of our neighbours have cut down the trees in their garden which is a shame

No protected species and there is ample wildlife space on the other side of the fence, a whole Country park in fact

I'm pretty sure you wouldn't know whether there were any protected species using that corridor - it's possible that they're just present in the area and the developer had to ensure a connection between 2 bits of land.

Garlic baby hedgehogs are called hoglets and it's great to hear that your friends have made the effort - hedgehogs are endangered in the UK because of lack of habitat - developments taking over their homes. The modern wooden fences are impenetrable to them - but people can make a huge difference by cutting little holes in the bases of fences to allow hedgehogs to roam, thus opening up their gardens to these lovely little creatures

I think it's strange the fact it's fenced off both sides, I'd have thought for a proper wildlife corridor native hedging on the side of the country park new houses would have been more appropriate.

It is (like most planning) more about ticking boxes than actually being effective. It is a result of the developers applying to remove condition 16 (which required some unmanged grassland) which was part of the original application. There's a letter on line from an ecology consultant suggesting they ask the council to consider a wildlife corridor instead of the original managed grassland requirement (condition 16). That is what appears to have happened.

I doubt OP will be back to tell us when she finds out it's legit (in the sense of being agreed between the developers and the council).

I needed a break so I did this

Hahaha love that!
Wasonthelist they seem to have taken the word corridor at its word. It doesn't look the most appealing to wildlife!
Ungoogleable I firmly believe all fences should automatically come with hog holes in place already. Isn't it something like 40% in the past 10 years gone?

That's jolly interesting, wasonthelist. Does this mean OP's legally obliged to keep said wildlife safe?

Baboon something like that yes,

Here is some interesting info about hedgehogs, and how to make your fencing wildlife friendly [http://www.hedgehogstreet.org/pages/tackling-garden-fencing.html Hedgehog Street]]

I agree that the 'wildlife corridor' shown in OPs pic is a sad attempt and looks like it's purely there to tick a box. I hope the consultant comes back and tells them so. It also makes absolutely no sense as a corridor unless the other side is going to be developed - why create a boxed off tube on the edge of open parkland?