To ask who I’m supposed to report my CF neighbour to?

[BarkItOff]

I live on a new build estate, it’s been up a few years now but the roads are still unadopted so it’s ‘technically’ private.

There is a park on the estate and there are 2 access points to this park. 1 at the entrance to the estate and 1 further down the estate close to a neighbouring estate.

One of the neighbours has put a sign up further down, stating private road, I mean technically yes but public access is still allowed but the CF has also put a chain and padlock on the gate to the path that leads to the park with a sign saying private!

I have been told this was because children from the neighbouring estate were using the park via this entrance and as we pay for the upkeep of the park it’s private. Except it’s not! It’s still a park able to be accessed by anyone. It’s made it particularly annoying for people on this side of the new build estate that have children as you have to walk all the way round to the front to get onto the park when there is literally a gate that leads to an access path right in front of you. And those of us that walk dogs there like to walk full circle, in one end and out the other and now we have to double back.

As the roads are unadopted will the council sort this and point out that she doesn’t own the park. The builders are long gone and we’re a nightmare to chase up snagging never mind anything else so they will be no help. The management company doesn’t want to know and say it’s not their responsibility. I’m tempted to go and cut the chain but I guess that’s criminal damage as she owns the chain.

https://www.gov.uk/right-of-way-open-access-land/use-public-rights-of-way

Or they lack confidence in challenging a woman who is clearly a very 'forthright' character?

Or it might be that the majority of those wanting to use it are children and teenagers, who are too scared to challenge an adult and/or don't even realise that she's done this of her own accord and without any authority.

If anything, that would make her stance even more ridiculous - if they aren't the rowdy, destructive troublemaker kind who would just force their way in anyway, but just respectful young people who want to quietly enjoy the park, but accept that they can't, because 'adults said no'.

In an ideal world, people would all unite and challenge all CF behaviour and get it stamped out pronto; but in the real world, people often get away with it.

I agree.

If the provision of a park was a condition of getting planning permission, won't the planning department get involved?

If not try your local councillor, a few pictures of them with sad faced children in the local press could embarrass the CF neighbour into removing the chain.

Police need informing as well as the local council

It’s listed in the title deed. That the roads and shared areas are equally and jointly owned by the freeholders and as such they are responsible for maintenance costs, until the time the development is complete and the roads adopted by the local authority is what it states. Except the council then never adopted them as they went bankrupt by the time the development was complete. It’s been 7 years now.

I don’t think a lot of people have realised initially. I only realised as I have a new puppy and started walking that route on a daily walk. When I asked my child, who is now teen age so doesn’t really go to the park anymore but cuts through that way to the shop, she told me that everyone climbs over it and she shouts at them when she sees them do it. I have posted in the Facebook group for the development and a few people have commented saying they have also raised this and a few having not noticed. It only affects the top end of the estate (and the houses that are not part of the estate that she has deemed not worthy of accessing the park) as for most houses the other entrance is more convenient .

Ok fair enough. So is there no committie, or board of directors, overseeing all of this? Who do the managment company answer to? And if, for example, the mangement company closed down, who would appoint new managers? From what you have said no one is in charge.

If you really wanted to, you could get somebody to video you on their phone.

You could give a brief introduction about how somebody has illegally blocked access to a popular community facility, so you - on behalf of the community - are removing the illegal lock with as little damage as is necessary. You are then leaving the lock on the ground next to the gate, so the owner can freely come and collect their property.

If the owner challenges you, offer to show the authorities the video - and see if they still want to go ahead and report you. If they do report you, still freely offer the video to them. You have nothing to hide.

I'd also upload it to social media and/or YouTube, where people can leave comments and clearly display the groundswell of public opinion.

Put an official looking notice on the gate saying remove this chain within 7 days of the notice, or it will be removed and disposed of.

It’s mad that no one will just go and cut them off and are waiting for some sort of authority to do it.

I'd get my husband to cut them off in the middle of the night and throw it away, every time.

Then get proactive and start with a residents whatsapp group, progress to a meeting, get people on side and become a group if nothing else you’ll need to manage the estate and grounds and this is part of it.

I've been thinking about this thread off and on all day. Frankly, the woman chaining the gate has done the OP a favour, in as much as it's brought to the front that there's a lot of uncertainty about who is responsible for what, and that the management company cannot be relied upon to help.

Better that this all comes to light now, rather than when some horrifically expensive resurfacing work (or similar) needs to take place, and people who live there refuse to pay.

As it is, I cannot understand how there isn't at the very least a residents association, let alone a board of directors, who are overseeing what goes on and what the management company are doing (or not doing).

Oh OP, why won’t you go talk to her? What’s the worst that could happen- she’ll shout and be rude? Just go knock on her door saying she needs to remove her lock on the gate, it’s not her private gate so if she doesn’t you or one of the other residents who want to be able to use the gate again will cut off the lock.

and definitely try to set up a residents association. First thing they should do, remove the gates altogether.

There is a residents committee. When some non-essential work was needed recently that would have used a huge chunk of the estate sinking fund we had to vote on wether to go ahead.

I swim, that’s my biggest passion in my life, I compete and have done for over 50 years. I also have a motorbike, which is a fairly new thing. I’m loving it, I’m in the later 50’s and I wanted something new now my children are moving on.

So why is this committee not doing a thing about the chained-up gates? And (and I a genuinely laughing now as it's really tickled me) why on EARTH didn't you mention this committee before???

And in respect of the OP, what do you think about her neighbour who's taken it upon herself to chain-up some gates to restrict public access to the park?

Ha ha, oops! Wrong thread!

No idea what I’ve done here, I never even saw this thread!!!

😂😆😃😁

Does your management company include a property manager? If so email them directly and request they deal with it straight away.

I have experience of a similar situation and I understand your predicament OP because these developments go ahead without proper thought - I don’t know why. I now live somewhere where there’s a residents company set up and it’s much better.

Anyway, in the first instance OP make the residents committee aware of the situation if they’re not already. Ideally their Chair or representative should speak to the resident and ask her to remove the lock. You or they can also go to the management company who should write to the CF reminding her she will have signed something about free passage around the site. The only way the CF could get round this is by issuing EVERY resident with a key (we have a tennis court where I live now and we all have a key to stop non residents using it.)

HOWEVER if the park was built for the use of the community as a whole then it must be demised to the local authority (you could check this online for £3 at the land registry). If so, then they are the ones you need to go to. Otherwise you’d be paying a hefty amount of public liability insurance in your fees.

I think if you have it in writing that CF has been asked to remove the lock and she hasn’t within a reasonable time limit, then it’s not unreasonable for you to get a group together of like minded people and remove it.

Just to add, Land registry has recently upped a lot of its prices from £3 to £7. That's inflation for you.