Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Surely this cannot be right - housing developers!

154 replies

Dmanny30 · 18/12/2023 13:52

Good afternoon all,

I’ll try & keep this short if possible!

7 years ago I bought a new build house off a good reputable developer & moved in, in the summer 2016 & all has been really well.

well, on Friday I was sat doing some work in the office when I heard voices coming from the back garden. I looked out to see two young lads in my back garden after managing to get through the gate. I went out & they were from the property developer. I said how they cannot just come into my garden when they feel like it but that’s hardly here nor there at the minute.

they are wanting to plant a tree (quite big one actually) in the middle of my back garden. Literally the middle. I explain that surely they cannot just come & do this but he explained that it was part of my contract when I bought the house (turns out, it actually was) but surely not after 7 years though?

I have rang & Emailed to complain & even tried to meet them half way saying I’m happy for it to be here but can I choose where it goes at least? Told nope & I have come back from work to find a tree in the middle of where my son & husband play football.

AIBU with this?

oh, I’m under no circumstances to chop said tree down & it’s completely upto me to maintain it too! I know it was in the contract but surely not after 7 years!?

OP posts:
MiddleagedBeachbum · 18/12/2023 13:53

Contact the daily fail and do a sad face with son holding his football?

MrsWhites · 18/12/2023 13:55

What is the reason the tree needs to be there? Really you need legal advise!

DeedlessIndeed · 18/12/2023 13:55

What is the stipulated penalty for not maintaining it?

IME trees (especially fairly large ones) need watering routinely for the first couple of summers until they become established.

RatatouillePie · 18/12/2023 13:55

Trees are good, trees are good yeaaaaahhh (or so the song goes).

Why do you not want a tree?

muchalover · 18/12/2023 13:55

Move it? It's winter so dormant.

ArseInTheCoOpWindow · 18/12/2023 13:56

DeedlessIndeed · 18/12/2023 13:55

What is the stipulated penalty for not maintaining it?

IME trees (especially fairly large ones) need watering routinely for the first couple of summers until they become established.

I’ve never watered any new trees.

They’ve still grown fast and well.

Hereward1332 · 18/12/2023 13:56

They may have a contractual right to plant a tree but do they have a contractual right of access? If not, send them a registered letter denying them access to your property and saying that any damage resulting from the trespass (e.g to the lawn) will result in legal action.

DeedlessIndeed · 18/12/2023 13:57

RatatouillePie · 18/12/2023 13:55

Trees are good, trees are good yeaaaaahhh (or so the song goes).

Why do you not want a tree?

OP specifically said she was okay with a tree, just not slap bang in the centre of the lawn where her family play.

kimchio · 18/12/2023 13:57

Does it mention the tree in the contract?

eurochick · 18/12/2023 13:57

What did the contract actually say?

Trees are good so I would move it to a corner out of the way.

LyingLikeACheapCarpet · 18/12/2023 13:57

@RatatouillePie I can't work out if you are serious or taking the piss

Op, can we have a picture of tree- do neighbours have a new tree

Mischance · 18/12/2023 13:59

It was probably a condition of the planning permission and they omitted to do it. They have ticked their box now, so I would just move it somewhere where you are happy with it.

valadon68 · 18/12/2023 13:59

Does the developer have some kind of environmental responsibility to fulfil? If so, have they contravened whatever agreement was in place by only planting it 7 years on? Though not sure how you could use this to your advantage...

LyingLikeACheapCarpet · 18/12/2023 14:00

And what does the contact say.

I'm sick and so bored and this is the only interesting thread I can find .

the80sweregreat · 18/12/2023 14:00

I would contact the solicitor you used for the purchase or try and find some paperwork / emails showing this as a caveat or however it's worded etc
Have any other neighbours had this ?

greenacrylicpaint · 18/12/2023 14:02

a 'free' tree. yay.

tbh I also would move it. it's unlikely you will get into trouble if you maintain it well in it's new location.

MintJulia · 18/12/2023 14:05

Was it on the plans when you bought the house?

When the developer was given planning permission, it may have been a condition that he had to plant (or replace) a certain number of trees in the locality.

The local council may have brought enforcement action against the developer to make him honour his original commitment. If so, yes they can do it, although they could have been more polite about it.

Have you tried calling the local planning dept and asking them for a variance to move it to one side?

helpfulperson · 18/12/2023 14:07

I would be cautious about moving it depends on the type and how close that would bring it to the neighbours. You could find you are liable for damage to neighbouring properties. We're you expecting it to be planted when you moved in.

WallaceinAnderland · 18/12/2023 14:08

What is the wording in the contact OP?

Missingmyusername · 18/12/2023 14:10

That tree would have an accident. Not straight away, but eventually.

What if you’d paved your garden?
Sounds bizarre, if you’ve signed something agreeing to it, could be awkward to get out of.

peachesanddream · 18/12/2023 14:12

Housing developer did this to me and my husband. Woke up one day to find a tree in my front garden. No warning or notice given. They told us they agreed with local council to plant more trees, we argued within the estate, not our properties but they were having none of it.

We’re looking to get rid of it as it’s an eyesore but developer told us they “strongly advise” against it.

Our neighbours had same reaction as and they have had tree removed with nothing else said by the developers 🤷🏼‍♀️

LyingLikeACheapCarpet · 18/12/2023 14:12

Do you pay a service charge/have a management company for the development?

RatatouillePie · 18/12/2023 14:13

LyingLikeACheapCarpet · 18/12/2023 13:57

@RatatouillePie I can't work out if you are serious or taking the piss

Op, can we have a picture of tree- do neighbours have a new tree

Mostly serious, slightly suffering from "FFS my fridge/freezer just died" stress.

The OP just needs to negotiate WHERE the tree is going, unless the contract specifically gives a location in the garden. I assume the location will be something to do with potential roots and location of other houses?

Sparklfairy · 18/12/2023 14:15

7 years is not a reasonable time to enforce a contract term, and I'd be arguing that.

They also do not have automatic right of access no matter what the contract says; you should have been notified beforehand.

Holdingontilljuly · 18/12/2023 14:15

Just don’t maintain it.

new large trees need water etc for the first few years. Our newish neighbours put up some really nice pleached photina which they failed to maintain so half died. It has cost a fair whack to replace.