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Legal matters

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Is it legal for a house builder to not put footpaths in a new estate?

50 replies

Comps83 · 06/07/2019 18:39

Seems ridiculous to me but I’m guessing it must be legal . Roads are very narrow too . No footpaths at all .

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Comps83 · 07/07/2019 11:23

I think the service strip runs from the tarmac on the path to the stretch of ‘path like’ tarmac on our drive . So any barrier I think should go from one to the other

Is it legal for a house builder to not put footpaths in a new estate?
Is it legal for a house builder to not put footpaths in a new estate?
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BernadetteRostankowskiWolowitz · 07/07/2019 11:25

Hang on- is that a street light on your lawn? I think you need to check your deeds. I think that strip doesn't even belong to you.

GreenTulips · 07/07/2019 11:26

Is your property the only one without a tarmac strip? Just seems a really lazy half arsed job by the builders

Comps83 · 07/07/2019 11:30

Re the lamppost , i know confusing right?
According to our deeds it does . Again though I think any barrier will need to be behind lamppost . In line with the tarmac , the lamppost is just in front of that line .
We have the tarmac trip in front of the drive, and the bit in on the path. All othe houses are the same. Apart from when you first come into the estate and the first few houses have a path in front . Which ends on the first corner

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EggplantVestibule · 07/07/2019 11:43

I think I'd just turn the area behind the bushes into a flower bed, with lots of thorny plants, maybe run it down the side of your path and drive to create a barrier to the grass. I'm guessing you have a convenance prohibiting a fence. It's a really poor design from the builders though.

OrchidInTheSun · 07/07/2019 11:58

It's cost cutting. You've paid for land which effectively isn't yours and they've saved even more by not having to pay for pavements and kerb stones.

I would move the bushes back and just accept that you've lost the first couple of feet of your garden. At least that would keep the traffic to a 2 ft strip rather than people using the whole of it

Comps83 · 07/07/2019 11:58

Ok . So here is our boundary line (plot 14) so I think I’m right in thinking that the service strip outside of our boundary is in line with the tarmac. The bushes planted by the developers are on the service strip . Therefore not even our property
The tree which is circled is in line with the lamppost and according to this both are well within our boundary
You can also see why I thought said service strip was going to be a ruddy footpath!
Also attached only covenant in relation to fencing

Is it legal for a house builder to not put footpaths in a new estate?
Is it legal for a house builder to not put footpaths in a new estate?
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Comps83 · 07/07/2019 12:02

@OrchidInTheSun my thoughts exactly. And as a PP said ‘what is some has an accident if you leave a walkway?’ But it’s not officially my land so they can trample / ride bikes on that if they wish

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Comps83 · 07/07/2019 12:13

So. I think, I’m ok to put a 1m fence up, behind line of tarmac and behind lamppost .
I’m worried this is going to look daft , but need to look into fencing options and costs . I even found horse crap on my lawn once , either that or it was a goat! Dh still doesn’t believe me!
I will feel a whole lot happier if our garden isn’t a free for all .

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GoldenRuby · 07/07/2019 12:17

Wrought iron railings might look nicer than a solid fence if you are allowed them, but may be more pricey.

Comps83 · 07/07/2019 12:19

Yes I think so too . To match the railings to the side of the house and rest of the estate

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Comps83 · 07/07/2019 12:37

I take it back about the lamppost being in our boundary . Blatantly Isn’t. Just out cutting the grass now. It’s a lot more than 2 feet but I’m not bothered really .

Is it legal for a house builder to not put footpaths in a new estate?
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LittleWalnutTree · 07/07/2019 12:43

Get in touch with the local council planning department and ask if a planning officer could come out and check the submitted plans against what has actually been built. It's madness to have a large new estate with no footpaths at all.

motherofdogscatschickens · 07/07/2019 12:57

Hi I'm one of those nasty housebuilders.... footpaths are not always put in one areas considered 'low traffic'- they become more like shared spaces. These spaces (rightly or wrongly) are considered to be acceptable for all users and ability. People are meant to drive at slow speeds and be aware of other users. There are lots of reasons for footpaths not being put in-one being that footpaths have to be 'adopted' by your local authority and they take over maintenance going forward. this can get expensive, so they must be necessary. another reason is that to have a road + footpath takes up a lot of space-although there may be 80 houses- split as you say- that means your putting in a footpath for a very small number of users- the design the scheme may fit in more homes with bigger gardens without a footpath than for the small benefit of a footpath. the bushes right up to the curb are to stop people walking and parking on your land. The service strip is fine for greenery, but not fixed structures- this means i the gas pipe has to be dug up in an emergency they are not navigating fences etc, but plants only. The council should be enforcing people not parking on the street- this should be yellow lined. your issue of a fence may be more about visibility splays- ie a car being able to see anything coming.- that's usually why they are not fences.

greenwaterbottle · 07/07/2019 13:19

Ours is similar. I don't own the last two foot of my front garden grass although the council have neglected to come and mow it (ever)

Comps83 · 07/07/2019 13:33

@greenwaterbottle is there an obvious devide where your line ends?

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PetrichorRain · 07/07/2019 13:48

That would fuck me right off, OP. I’d be planting a hedge along the border between your drive and lawn. I wouldn’t move th Hyde on th front of your lawn though. Just encircle the whole lawn with hedge.

We live in a 90s estate and none of the closes off the main estate lane have pavements. We don’t get people walking in the garden mostly, but we have a corner house and we do have people parking alongside the side of our lawn and getting out onto the lawn as though it’s pavement. We’re getting round to putting a fence or hedge all the way round the edge of the lawn to fettle them.

PetrichorRain · 07/07/2019 13:49

We also don’t own the last 2-3 foot of our lawn - I assume so anyway, as all the drives have a boundary marker 2-3 feet in. Everyone ignores it, and after 20plus years, I can’t see the council caring when we enclose the lawn.

PetrichorRain · 07/07/2019 13:52

Though bearing in mind what a previous poster has just explained, I think we’ll stick to hedging rather than fencing.

Comps83 · 07/07/2019 13:55

Council planning permission is needed for a fence over 1m next to a road. Ours will be set back the 3 feet or so from the road. And will be under 1m and not a solid fence. Should be fine re visibility. I will leave original bushes as there are

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greenwaterbottle · 07/07/2019 14:38

I've got grass to the road like you but the drive is obviously different where the 'pavement' starts. So I don't own the end of my drive. Although I suppose that's normal.
It's a bonkers arrangement.
I suggest pulling your car forward to the road so there's nowhere to walk to when they get off your grass.
We all just walk in the road but it is a cull de sac

Comps83 · 08/07/2019 17:58

Right that’s it
Some scruffy little sod not only trapsed across our front lawn but also spat on it. Can’t wait to get this fence up

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greenwaterbottle · 08/07/2019 21:01

Are you on a corner

Comps83 · 08/07/2019 21:12

No not on corner

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greenwaterbottle · 09/07/2019 08:50

Nobody walks across mine. Odd

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