Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

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:
Tryingtokeepgoing · 18/12/2023 15:26

Is it perhaps a requirement of their planning permission? I know they generally have quite a while to discharge planning conditions related to landscaping, but (a) 7 years is a long time - unless they blame COVID for a 3 year delay, and (b) it's unusual for a planning application to include landscaping in the middle of a plot! But, if it is a planning condition that isn't correctly discharged you'll have an issue when you try and sell

Lovemycat2023 · 18/12/2023 15:28

It’s likely to be part of the approved planning for the site. Often landscaping is part of reserved matters. It is very late but they might have recently been picked up for non-compliance. It’s very likely your transfer obligates you to comply with planning permission.

penjil · 18/12/2023 15:29

MrsWhites · 18/12/2023 13:55

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

Advice. 👍

Theo1756 · 18/12/2023 15:29

This happened to me although it was while houses on the development were still being built rather than 7 years after. the tree was put in the middle of my driveway. I’ll find the photo at some point. After a lot of complaints they finally allowed me to plant my own tree in the corner of the garden and redo the paving. If it’s only just been planted I’d move it to the edge or replace with something more to your taste then claim it was always there. No one is going to bother forcing you to move it back

shearwater2 · 18/12/2023 15:39

I love trees and have several in my garden but it would really depend on the type of tree, how fast growing it is and what the eventual size would be, as to whether it is appropriate for the location.

Also I'd be reading them the riot act for trespassing, or certainly their employer who told them it was ok.

jscbni · 18/12/2023 15:42

Developer's architect will have bunged a few trees on his site plan to keep planners happy and greens at bay....maybe to replace trees felled before construction.
Developer now being nagged to finsh off plan.
I suggest you move it to more suitable spot between now and March while dormant.
What sort of tree and what size?

NaughtybutNice77 · 18/12/2023 15:43

Gosh, what a shocker. I guess this underlines why you need to read your contract. Whilst I have every sympathy for you I can't understand why you think that the contract would just 'disolve' after 7 years.

What I would be enraged about is people accesses my garden without the decency to even knock. That's very poor practice as is giving you no notice.

My legal knowledge is minimal but there is such a thing as an unfair contract ie you've signed it but really had no choice even though it didn't seem fair. Might be worth asking. Also if possible grab the arborists and get info. Maybe there's others in a similar position who could share information.

StrawberryWater · 18/12/2023 15:44

Happened to my mum.

She paid to have the tree removed and planted elsewhere. She put smaller tree up in the corner of her garden.

Jf20 · 18/12/2023 15:45

I also think this is a planning requirement being enforced. As you signed a contract to allow it, I’m afraid it it there to stay,

NaughtybutNice77 · 18/12/2023 15:45

kimchio · 18/12/2023 14:18

Could you put it in a pot?

I'd imagine it's being planted to 'balance' the water table.

Jf20 · 18/12/2023 15:45

StrawberryWater · 18/12/2023 15:44

Happened to my mum.

She paid to have the tree removed and planted elsewhere. She put smaller tree up in the corner of her garden.

The exact same situation? Sure..

Jf20 · 18/12/2023 15:46

NaughtybutNice77 · 18/12/2023 15:43

Gosh, what a shocker. I guess this underlines why you need to read your contract. Whilst I have every sympathy for you I can't understand why you think that the contract would just 'disolve' after 7 years.

What I would be enraged about is people accesses my garden without the decency to even knock. That's very poor practice as is giving you no notice.

My legal knowledge is minimal but there is such a thing as an unfair contract ie you've signed it but really had no choice even though it didn't seem fair. Might be worth asking. Also if possible grab the arborists and get info. Maybe there's others in a similar position who could share information.

Of course she had a choice to sign, no one forced her to buy that house.

shearwater2 · 18/12/2023 15:52

There is a concept of unfair contract terms, yes. Particularly anything incorporated by reference which is likely to be onerous has to be drawn to your attention. So it wouldn't be enough for the contract to say "comply with planning conditions", it should say explicitly what those conditions are.

Plus your solicitor or conveyancer should be drawing anything like this to your attention, particularly with a new build, that is their job.

LyingLikeACheapCarpet · 18/12/2023 15:54

@Theo1756 please find the pictures (still bored still sick and op has, rather selfishly, not dropped everything and updated us)

Although the digging with bare hands comment was funny.

enchantedsquirrelwood · 18/12/2023 15:58

I don't know what the legal position is here OP, it depends on your contract and potentially the conditions of planning, but I do know that developers are cheeky wotsits.

When we had a new build they decided to use part of our garden for scaffolding for the houses they were still building at the back. They seemed rather bemused when I complained, but did some free fencing for us as "payment".

Idtotallybangdreamoftheendlessnotgonnalie · 18/12/2023 16:03

I would:

  • email the developers advising them that you've removed any implied rights of access for the developers and any business or agents acting under their instruction. Any access required by them needs prior written consent from the landowner. Any further trespass will result in legal action as they are stopping you from exercising your right to peacefully enjoy your property.
  • Dig up the tree, chuck a load of salt down, replant, wait for it to die, bin it.
  • Check any covenants on your property about trees. It might come up and bite your arse when you come to sell.
Poufpastry · 18/12/2023 16:11

Don't chuck salt down - you'll destroy that patch of soil for ages to come.
Your solicitor should have made you aware of this pre-purchase. Anyway, you should be speaking to them now.

SatanClaws · 18/12/2023 16:11

All the good advice has been given I'm just marking my place for updates.

BestBadger · 18/12/2023 16:16

MrsWhites · 18/12/2023 13:55

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

Probably part of some "greenwashing" the developers put in to get the contract. Waste of time and would be 1000 times more effective protecting established woodland.

moomoomoo27 · 18/12/2023 16:16

Where do I sign up? A free well established tree planted for me? I'd consider it a bonus. The more trees the better.

If they were planning to build a new road through your back garden, now that would be something to complain about.

Jf20 · 18/12/2023 16:17

Idtotallybangdreamoftheendlessnotgonnalie · 18/12/2023 16:03

I would:

  • email the developers advising them that you've removed any implied rights of access for the developers and any business or agents acting under their instruction. Any access required by them needs prior written consent from the landowner. Any further trespass will result in legal action as they are stopping you from exercising your right to peacefully enjoy your property.
  • Dig up the tree, chuck a load of salt down, replant, wait for it to die, bin it.
  • Check any covenants on your property about trees. It might come up and bite your arse when you come to sell.

Op, don’t do any of this lol. Firstly removing the rights, would involved a major planning application, or legal battle to remove a covenant. They will know you’re lying. Immediately.

don’t chuck soil down or move the tree, you will be legally liable to repair the soil and replace.

SuspiciousSue · 18/12/2023 16:19

Are they going to come and maintain the tree? If they’re not, and you’re liable for cutting leaves/branches etc, then it’s your tree to do with as you please. It must be??

Disclaimer, I’m not legally trained. I just can’t see how they can put something on your property and expect you to maintain it. Your idea of maintaining it could be to pour bleach on the roots… 🤔 🤔

BestBadger · 18/12/2023 16:19

Don't kill the tree. There are forensic tree specialists who can tell what killed them.

thelonemommabear · 18/12/2023 16:20

I would guess here that the developer has had to submit evidence of compliance with planning - the landscaping / ecology / strategy and fulfilment being one of them and/or you have someone living on your estate who has been involved in some way and has challenged the fact that the required number of trees as stipulated has not been met.

If it's a particularly large estate 7 years isn't so long - I know developments running 6 years or so now and the site wide landscaping strategy is only just being completed (hampered by lockdowns and availability during planting season - you can only really get stock of trees and plant them between November and March)

I would read over your deeds carefully and/or the landscape strategy on the planning portal. And then wait a year is so before asking the council if you can remove

ShirleyPhallus · 18/12/2023 16:20

This cannot be real