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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Trespass Kerfuffle

61 replies

WhiteWriting · 13/02/2021 20:00

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,

OP posts:
Ileflottante · 13/02/2021 23:48

@Whammyyammy

There is a new build estate in a town a few miles from me, the estate is gated, but not secure/sealed. The estate has a play park. On the town fb spotted site, people always moaning that non residents children are enjoying the play park when it should just be for the children that live on the estate!

Its snobby and pathetic, like this post. Reminds me of 1940s Germany would of been like.

What are you on?
Mumblechum0 · 13/02/2021 23:50

OP this would bug me too, you’re definitely not being unreasonable.

FangsForTheMemory · 14/02/2021 00:51

The damage to newly seeded areas after all the rain we’ve had would piss me off no end. YANBU.

MrsClatterbuck · 14/02/2021 00:58

I would contact the developer definitely. Also you will be paying management fees for the upkeep of this area. Why should you and your neighbours pay for randoms to come and use this land.

Bloodypunkrockers · 14/02/2021 09:16

@Whammyyammy

There is a new build estate in a town a few miles from me, the estate is gated, but not secure/sealed. The estate has a play park. On the town fb spotted site, people always moaning that non residents children are enjoying the play park when it should just be for the children that live on the estate!

Its snobby and pathetic, like this post. Reminds me of 1940s Germany would of been like.

Wow. 1940s Germany?

You haven't a fucking clue

OP you are absolutely correct and I hope it gets sorted. Although as evidenced by a couple of posters done parents' self of entitlement is off the scale

Daleksatemyshed · 14/02/2021 09:25

Sorry you're being given such a hard time Op, obviously after a bad relationship you moved somewhere chosen for the peace and privacy. Just contact the management company tomorrow and explain, hopefully they'll do something to clear this up. I'm afraid you've hit a sore subject here, some MN's think everyone should indulge their DC regardless.

Timeforabiscuit · 14/02/2021 09:27

Grin page 2 and trespass equated to the Nazis - in the middle of a national lock down when you're not really meant to be leaving the house unless essential.

I mean if you can't see the irony! Grin

handsforfeet · 14/02/2021 09:39

@Whammyyammy pays no heed to trespass but loves Godwin's law.

Mosaic123 · 14/02/2021 09:42

Of course you are right to be annoyed. It's dangerous. After you have sent the email calling for stronger fencing and warning notices (are there no security guards on the development?), I would follow it up with a phone call and do send photos.

JackieWeaverFever · 14/02/2021 09:49

You are in the right.
Ignore all the you are so snobby comments

I'd take it up with the developers.

Mellonsprite · 14/02/2021 09:59

Take it up with the developers.
To be honest I would have been very reluctant to buy next to this feature as it’s kind of obvious that it will attract people and once the developers have left the site the day to day problem to either accepting it or confronting people will be left to the residents.

SquirrelFan · 14/02/2021 10:21

I would be careful about taking pictures of children...

Eleganz · 14/02/2021 10:27

Contact the developers that is all you can do. Getting more involved than that is asking for trouble, especially taking photos or videos of children.

LIZS · 14/02/2021 10:29

You could suggest cctv be installed but not much point you taking photos.

Willyoujustbequiet · 14/02/2021 10:38

I'd contact the council to check for rights of way but also for any village green/common land areas applications in the offing.

New builds can cause conflict with people who have previously used areas and generate such applications. I've known some to be successful and some owners very aggrieved. It's worth checking.

VodkaSlimline · 14/02/2021 10:45

To be clear I wouldn't take photos of the children/parents, just of where they are getting in. The management company needs to improve security and make it very clear with signage that there is no public access to this area.

Very amused by @Whammyyammy mentioning "1940s Germany" - did you mean 1930s? Things had ramped up a bit by the 1940s. What is that internet law called? The one that says in any discussion someone will eventually mention the Nazis and that person automatically loses the argument? Grin

BlackAmericanoNoSugar · 14/02/2021 10:49

Those sorts of areas are usually designated as natural habitats, which is why even residents don't get access. It's quite a small area so kids mucking around in it will make it much less appealing and it won't get the diversity of wildlife that it should.

There is another thread about ducklings which seems like it's a similar set up, except that the developers enclosed the pond into the front garden of one of the houses. I guess that could go either way as the pond environment could be protected by belonging to a single house while still being visible to other houses, as was the case on the duckling thread, or you could have an uncaring householder who might damage the pond area in some way.

TestingTestingWonTooFree · 14/02/2021 10:51

Its snobby and pathetic, like this post. Reminds me of 1940s Germany would of been like.
This is as stupid as it is offensive.

YANBU OP. If it’s not gated, you can’t really stop people using it for its intended purpose, but these CFs weren’t even doing that. Definitely worth pressing the developers with faux concern about risk to the little darlings.

StopMakingATitOfUrselfNPissOff · 14/02/2021 11:04

Has it actually been handed over to the management company yet or is the developer still responsible for it?

It’s unlikely (although absolutely not unheard of) for the management company to have taken it on already before the site is finished.

If they are coming through the site to do this I’d absolutely make Bloor’s aware. People wandering on a building site is a nightmare for a developer.

They may well put a bigger fence around it to deter people just stepping over into the pond area.

evouk · 14/02/2021 11:08

You sound very precious. It's just a Mum and her kids getting out the house for some fresh air, they may not even have a garden of their own

TakeTheCuntOutOfScunthorpe · 14/02/2021 11:15

@evouk

You sound very precious. It's just a Mum and her kids getting out the house for some fresh air, they may not even have a garden of their own
If I don't have a car, it doesn't entitle me to "borrow" someone else's without their permission.
Bloodypunkrockers · 14/02/2021 11:21

@evouk

You sound very precious. It's just a Mum and her kids getting out the house for some fresh air, they may not even have a garden of their own
What's your address!

Maybe the OP can send them in your direction

ProfYaffle · 14/02/2021 11:30

Those drainage things can be dangerous which is why they're fenced off and inaccessible. It's not a normal pond. It probably won't be shallow for long once all the houses/drains are finished. Definitely report to the management company.

Northofsomewhere · 14/02/2021 11:32

Surely if you have to jump fences and the like just to access this area then they already know it shouldn't be accessed right now. I'd definitely inform the relevant people including whoever manages the building site just in case there's any damage from their repeated access. There's clearly a reason this area is currently restricted access and it's not just because there's some plants growing.

While I don't think I'm confident enough to have asked them myself I don't think you did the wrong thing and other neighbours who have spotted it will probably be thinking the same thing. I know people are bored at home and there's little else to do other than go for a walk but people still need to be safe and follow the law - I wouldn't be surprised if the building site part was covered by trespass law. Not that I think you should involve the police but it is potentially serious due to the safety aspect.

AnneElliott · 14/02/2021 12:05

YANBU op - if you have to climb fences and go past signed saying no trespassing then surely that's a sign that you shouldn't be there!

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