Trespass Kerfuffle

[WhiteWriting]

Evening all,

so...I have recently moved to a new build on a small development. Builders are still on site and some areas are fenced off with warning signs. My house is at the end of an unadopted road. Then some wooden railings and then a slope down to a large pond/area of shallow water very recently landscaped. All the common areas are looked after by a management company for which all residents pay annual fees.
My issue is that daily, actually twice today, a family have been using this area as their private playpark. Splashing in the water, climbing up and down the slope damaging planting and trampling the seeded ground residents were advised not to walk on. They have been accessing the private land on foot by walking directly through the fenced off building site. Today after a protracted period of sledding I leant out of the door as they were walking past and asked one of the boys if he lived on the estate. He said no. I then politely told his mother that this was private property and that they should not be walking on the grass/trees/planting. This did not go down well. Was I being unreasonable to say something? I hate conflict but they aren't even my neighbours and the CFers have walked all the way through the development clambering over fences and railings and must be aware that they are trespassing surely? I think it's a civil matter rather than criminal but am now worried about what will happen next if they return again tomorrow. Was I being unreasonable to speak out? Advice most welcome,

You need to make the management company aware. If one of the children had an accident (ie fell onto frozen pond) they could be deemed liable if their precautions are not adequate.

Good point - the odd thing is that they are with their parents so it seems less of a safety issue and more of a trespass/damaging property issue from adults who should know better surely?

Was the pond there before the development? I’m wondering if they have always used it and the developers have bought it. It’s irritating but unless you live on a gated community you are going to get other people using the grassy areas/playgrounds in your developments. Normally these community areas are part of planning permission being granted and are available for the local community.

I'd be very surprised if this was trespass.

Nope - brand new and a soakaway for surface water on the development. Also behind wooden fencing as landscaped but not to play/walk on. I checked this very carefully before purchase to avoid this kind of issue. There is a bridleway nearby that has been preserved but this is absolutely private landscaped for residents to stare at basically (and pay handsomely for). @Disfor I am interested in why this wouldn't be trespass? Trying to prepare for further escalation!

Who owns it?

Once all the seeds have taken hold will it be the case that people can go on it then?

Unless it's a gated community the pond will be for everyone to look at, residents or not. It's just a case of whether they should be behind the fences or not.

The Developers (Bloor Homes) own it and before that it was private land. The properties at the back of the development (mine and three others that overlook it) paid a premium to be situated there. Peaceful and rural was the vibe I was hoping for - not Alton Towers!

Perhaps a house with a long drive and large gates would have suited you better? I couldn’t get annoyed about a local family enjoying it. They’ve probably put up with the building disruption for years at this point.

I can understand that you are annoyed because of the seeds. And they shouldn't be going through the building site because it's dangerous.

However I don't think it is relevant that they don't live on the estate. I've lived on a new build estate where we paid for maintenance. There was a play park but anyone could use it.

No. You will never be allowed on it. There are wooden railings all around it on three sides and a main road to the fourth. It is categorically not for walking on. No way in ot out and no paths. Open water and trees. Even if there was access why would anyone think it was appropriate to wind their way to a dead end and piss about feet from peoples homes? Let alone the fact that as they don't know the proper way in they just pushed through builders fences, past Jcbs and stomped straight across fenced off landscaped gardens to get there. I am surprised others think I am being unreasonable tbh. It felt like strangers playing loudly in my front garden, really in appropriate and most importantly damaging the plants and grass they hadn't paid for and wouldn't be repairing.

Very modest little houses - defo no gated community snobbery here. I was just incredulous that someone would start sledding up and down a private garden with fences all around it saying no entry/no trespassing etc. And allowing their kids to trample across trees that have clearly just been planted. And shouting and screaming down a private road first thing on a Sunday morning. Really weird entitled behaviour and very different from a quiet mooch/dog walk .

Honestly, you have come across as pretty snobby “I pay for this premium home in a premium area, it’s not for the riff raff to play in” it’s making me hard to feel sympathetic towards your situation. If you had just come on and said a family keep playing very loudly outside my house in an area fenced off to the public, urinating near my property and breaking things, I’d probably have responded differently. It’s your continued emphasis on how exclusive your area is, I actually rolled my eyes.

Shwinglow - yes there is a playpark on the estate (closed due to Covid) which I think other non-resident locals can use. I didn't buy near it for obvious reasons.

I'd be calling the developer on Monday morning and demanding that they do something about this. It would help to take photos/videos of how the trespassers are getting in so that their route can be blocked.

Nope, not exclusive at all Titus Pullo - not sure who you were quoting there as I never said that. I live in a very quiet little dead end road and it is my first little house alone (recovering from an awful divorce and terrible mental health as a result). I'm a really anxious person and hate conflict so don't want to make a big deal in real life - just came on for some thoughts and advice rather than a character assassination. Thanks everyone else; I'll let the developer follow up from now on whilst I pray for a Lottery win and a move to a private island!

Thanks @Vodka - that is great advice I will definitely do that on Monday!

I think people are being a little unfair to the OP. This is clearly private land and part of the landscaping for the development, not a playground or public park. If you lived in a block with s shared garden (very common in London) you would not want uninvited strangers to use it! Also, it sounds like this area is not even meant to be walked on.

You've said your piece and well done for literally sticking your neck out to do so. If they come again take some discreet photos of the group to show their progress through the estate and contact the developer to show them.
They may or may not be interested but at least youve alerted them. Make sure all of your correspondence is via email in case there is an accident or damage done.

No idea why some are being hard on the OP - why should anybody, not paying for the developing and landscaping, just come on to the site and effectively vandalise the planting? More entitled parenting where no boundaries are respected.

Mentioning the looming insurance issue to the management company isn’t because you actually fear for the kids’ safety, OP. It’s to motivate action to better secure the boundaries. It’ll prolly work too.

They’re unlikely to care about your privacy or the annoyance of noise, etc. But they will care about the $$$ of replanting, and the risk of being taken to court over injuries.

Take your photos or video judiciously, parents out of shot will work better.

I wouldn’t like family groups trampling my garden either, or being spoken back to rudely when I politely pointed it out. They aren’t making an honest mistake, are they?

Thankyou all for you kind words and wisdom - I feel quite vulnerable here on my own so putting it in the hands of the management company seems quite the best thing. I will set about composing my e-mail!

Did you read the post? It isn't about a play park. It's about parents breaking into a building site.

...and struggling to fathom your really offensive Nazi analogy. WTF.