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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:
Aaaaaah · 14/02/2021 12:10

@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
No she doesn't They are not supposed to be there
user1471447863 · 14/02/2021 12:21

The land will be designated as public open space if it has been taken over by a management company - which is unlikely if the builders are still on site.
You might be paying for its upkeep and any damage to it but the key is in the name - public.
The whole management company/managed private estates model is a scam as although you will be paying for the upkeep it will be all be public open space. You will have more restriction over what you can do on the land compared to what everyone else in the country can do. And as a freeholder you have zero rights to dispute charges or even audit the management company properly.
Do you have an Estate Rent Charge attached to the management fee/in your deeds?

learn more HorNet

Puzzledandpissedoff · 14/02/2021 12:32

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

I know it's difficult to keep kids active and amused ATM but there may be lots of things they don't have ... and none of them mean they can just help themselves to someone else's, especially if it means climbing fences and traipsing through out-of-bounds builders' yards to do it

I agree that approaching the developers is the thing to do, but good luck with it ... people like this aren't exactly likely to be open to sweet reason

MintyMabel · 14/02/2021 12:37

This is clearly private land and part of the landscaping for the development, not a playground or public park.

I’m not sure that is actually clear. I’ve lived on 3 similar estates and the land is not private. Anyone can use it and the fact we pay for the maintenance is irrelevant. Are there signs up telling people it is private land for residents only?

Breaking through the building site is an issue, and the developer needs to be made aware their site isn’t secure, for H&S purposes. But once the building site is gone, will there be open access to this SUDS pond area?

Likening it to a gated shared garden is incorrect, that’s something that forms part of the deed of ownership. It is unclear if this is the case here.

MintyMabel · 14/02/2021 12:40

go past signs saying no trespassing

Did they, though? OP mentions “warning signs” which are likely to do with the building site, or perhaps advising there is a pond in the area. Nothing to suggest it’s specifically warnings not to trespass.

PotteringAlong · 14/02/2021 12:45

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

It’s public land. Once the developers have gone it will be for anyone. I’m not sure you get to say whether or not it’s for walking on.

HarrietSchulenberg · 14/02/2021 12:46

Once the builders have cleared out and gone, I can promise you, OP, that that spot will become extremely attractive for local teens to hang out away from prying eyes. Hidden, off the beaten track, and with trees and water is a perfect spot for the nefarious activities of the local hormonal youth. I wouldn't bank on it being tranquil for long.

Pissoff2020 · 14/02/2021 12:53

I would hate this too! Not everyone wants noisy kids trespassing on private property. Parents should have apologised and left, there are loads of places to go in a rural area, without bothering someone by their house. I would raise the issue with the developers.

PenfoldPenny · 14/02/2021 13:23

YANBU. This would really wind me up. No advice though sorry

Cloudsurfing · 14/02/2021 13:31

I would be more worried that they are damaging the vegetation and slopes. There could be flooding issues with the soakaway system which would be bad news for you living so close to it. You need to complain to your management company.

VeganVeal · 14/02/2021 13:40

Trespass is not of itself a criminal offence. There would need other elements behind it as well. The police would probably scare them off, if they had time to attend, and better fencing might be needed. Once the trees and plants fill out it will probably die out a bit, so long as the people you spoke with dont hold a grudge against you for dobbing them into the authorities

www.cps.gov.uk/legal-guidance/trespass-and-nuisance-land

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