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!?

In all honesty, who is going to come and check on said tree moving forwards? No one.

Action one - put a lock on your gate.
Action two - move the tree to a more suitable location at the side of your property.
Action three - thoroughly neglect it. "Sorry, I'm just not in the least bit green fingered." Or even just hack at it periodically. "It just doesn't seem to be doing very well..."

Get a goat then it will eat the tree and the bark and die.

The tree will die not the goat.

Out of interest how big is your garden and how far from the house is it planted? What type is it, so you know? Maybe some of that can be used to help your case...

I am guessing it was part of the planning permission and someone has complained that it hasn't been complied with.
What dies the actual contract say? And is it your land 100%

Unless it’s one of the trees from this list, such as a cherry tree or horse chestnut:

https://backyardgoats.iamcountryside.com/feed-housing/trees-and-plants-that-make-goats-sick/

Really just placemarking for the update (I hope)… quietly move it, say nothing to anyone, carry on enjoying your garden. If you ever sell and there’s an issue over the presence or not of said tree, move it back or plant another one.
I really can’t see anyone checking up on it, and if they do you tell them you know nothing about it. Not good with trees.
I’ve got about a million baby sycamores if anyone wants one, pretty much the only thing that will grow in my garden!

I would just move the tree to the corner of the garden. I doubt the developer will care as long as they’ve fulfilled their tree quota.

In all honesty, who is going to come and check on said tree moving forwards? No one.

Agreed. Trees are good, you've got a free one. I'd just dig it up now and replant it somewhere more suitable while it's dormant. I'm positive they will not care now they've ticked a box and planted it.

That's wierd because I have randomly had a tree planted in my front garden today by my Housing developer too.Ours is rented but we moved in,in July and I've come home from taking the dog to the vet to find a tree planted in my front garden.🤣.It doesn't bother me but they've left a right ruddy mess on my garden path.
Maybe it's 'National Housing Developer Plant A Tree day '🤷‍♀️
Joking aside though OP I can see why you're so upset and pissed off,I would be too if they just came in my back garden without permission.

My thought's exactly

In all honesty, who is going to come and check on said tree moving forwards? No one.

The fact that they came to do the tree after 7 years is making me wonder if there's going to be some inspection?

I think so. Someone's been checking up on their tree promise

What exactly does your contract say?

When does it stipulate that the tree should be planted?

Did you misread the contract initially, or were you hoping they'd forget?

The tree has been planted, the box has been ticked, the developer doesn't care any more. Pull it up and get rid, if anyone asks say it blew down.

@HalliwellManor get photos andpost then on here because otherwise your landlord will think you have planted it

What does the contract actually say? I'd be quite surprised if it said they could come and plant trees in your garden in perpetuity.

Fortunately a winter storm is quite likely to break a newly planted tree.

When you say "Quite a large tree", do you mean that what they planted is large, or do you mean that it will eventually grow large? Either way I'd be worried about having a large tree near my house - roots in the founds, falling hazard eg.

How close will it be to the house? We’ve chopped trees down (only because we had to) for our extension as the roots could damage our property. If its a small garden, can you argue that?

You could dig it up and re-plant it elsewhere (in a corner?). Would they really notice? that is what I would do under the circumstances

I would not make a big thing of it but would just leave it for a few weeks then move it-they are hardly likely to keep coming back to check on the tree are they?

We had this, after a year or two not so long. They did come to the door and ask if we were ok with it. It was our front not back and we agreed to a mutually agreeable placement.

I'd dig it straight up and replant it somewhere convenient.

I’d also love to see what the contract says.

Personally I don't think they have any right to enter your property and plant the tree. It has been 7 years, the property was signed off. I would tell them to remove it and make good within the next 7 days.