Surely this cannot be right - housing developers!

[Dmanny30]

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!?

If the tree is likely to remain small-ish and contained, I would be inclined to move it (is there anything in the original contract re position of the tree?). If they planted an oak, I would be inclined to accidentally kill it and take a picture of the tree "failing to thrive". Maintaining the tree could also technically include moving the tree to the location for the benefit of the tree, especially if it "failed to thrive" in the middle of your plot.

My ex does tree-removal if you like....

Dig it up and move it to where you want it. Just maintenance it was going to get damaged where it was.

Could you put it in a pot?

When we moved into our new build house about forty years ago, we were supposed to have three silver birches in a clump in the back garden. We negotiated with the builder and had two put in in the front garden and one in the original site. ( Eventually, after about 25 years they grew very large and created a lot of pollen which my DH is allergic to (birch trees are well known for this) so we reluctantly had them removed. We do have other trees,)

I think you should move it as ‘ a precaution agains5 damage from football playing’.

I can't imagine anybody noticing or caring if you move it over a bit. Does your contract say exactly where in the garden it goes? I'm guessing it appears on the planning permission plans? It might have been an agreement to compensate for a tree they cut down to build your houses - though to be honest I've never seen this done in a private garden, only along communal street or amenity areas.

It was probably part of their permission to develop that they planted the trees. Someone on the council has probably noticed there are no trees so are insisting on the developer putting them in now. And probably large ones so they are the size they should have been by now.

I would still move it and plead ignorance, not in a convenient place so I moved it.

If it doesn't have a preservation order I think you can do what you like in your own garden. I do have some trees with preservation orders, so to touch them you have to go through the council, the rest of the trees we can do what we want with. We have A LOT of trees and have just had a couple taken down to give a bit more light.

Unless it has a tree preservation order (which it won't) just dig it up and relocate or destroy it.

The developer has fulfilled their contractual obligation to plant the tree. You've fulfilled your obligation to allow the tree to be planted. There is no further legal constraint, unless the contract you signed says the tree must be maintained and remain in situ for a certain length of time.

What is the wording in the contract?

We need a picture so we can all say where to move the baby tree to in your garden.

Are we talking leasehold or freehold here?

First of all, I suggest you check any docs which you have for the property to see what if any reference was made to the tree. In addition, check if there is any reference to rights of access of others.

Then, contact your local planning authority (usually your local council) and ask them whether they have any knowledge of the tree planting. This may have been part of a Section 106 Legal Agreement which came along with the planning permission. But they could now be out of time with the tree planting.

Yes or a drawing.

A Diagram!

Op please stop what you are doing and entertain me I am so bored (and sick)

@RatatouillePie I'm still none the clearer , brain not functioning sorry about your freezer .

That’s very very odd after 7 years, and you could easily argue it to be unenforceable.

Regardless, doing this in rear gardens is absolutely unheard of. In front gardens yes, for large developers, but not rear gardens. I therefore assume this was a VERY small development? 2-5 houses total? In which case it sounds like a planning condition due to removal of a tree, and you should be able to get more info from the planning department.

The deeds will likely state that they have a right of access for maintenance, but that they must give you reasonable notice. I assume they did not give notice.

You need to get hold of the deeds to see what obligations you have in relation to this tree. Do you have to maintain it, or just allow them to plant it?

I’d remove it and if they ask why say your son and husband kicked a football at it and it snapped and died.
Or just move it somewhere else

Forget about the watering, it us the pruning that is the killer. £100s a year

I would:

• secure your garden if possible for the moment so they can't wander in when they feel like it
• find the contract / contact the solicitor that did your conveyancing and see what it / they say(s)
• email developer and say you will not permit access until they explain properly what they are trying to do and why

If you need more input suggest you post on legal but with the text from the contract.

How big is the garden? How big is the tree?! What tree is it?

If it's too near the house it's not good for foundations. In a few years it could cause heave because of the roots.

A lot of these environmental tick boxes don't take into account real world stuff.

Told nope & I have come back from work to find a tree in the middle of where my son & husband play football.

It's here already. For those saying lock the gates.

Is the house freehold or leasehold?

Depending on its size it could affect your buildings insurance or mortgage. I know my mortgage provider wouldn’t give us the mortgage unless the tree in the back was cut down as it was massive and close to the house.

They could plant it and then the tree would meet with an "unfortunate accident", as would any replacement put in.

@LyingLikeACheapCarpet if you're really bored come and have a look at my 'Opinions on these boots please' thread. Style and Beauty 😃

oh dear, it died. how sad.

There would be people on here crying over it. Trees are up there with dogs, in charge of the country.