Front garden situation

[Broderieanglais]

I'm posting in legal as not sure where else it could fit.

We have moved into our new house a couple of years ago. We knew the deed didn't show we owned our front garden, but when it was sold to us the developer said they would lawn it and it would be our responsibility to put hedging around if we wanted.

Now the neighbours know from the site plan we don't "own it" and I've explained that it is our front garden. However, they walk across it like it's their right of way.

I asked the developers if we could change the deed or even put something in to say they own it but it is for our sole exclusive use. They said no.

It does bother me that my neighbours feel entitled to walk across our lawn. We aren't allowed to fence it and it would look really unsightly and not fit the landscape so I understand there reasons for that.

Even the site manager said after we bought it that it was a mistake and he thought there will be falling out over it.

What would you recommend we do? Put up with it? Plant nettles? Stare down the neighbours when they do it?

Confused, you say it isn't your front garden but describe it as your lawn? You do nothing as it is public space; you don't have a front garden.

How recently did you buy? Was this discussed with your solicitor?

It's not your land. That's the end of the argument.

You need to buy the land if you feel strongly about it.

Offer to buy it from developer? Otherwise it is communal green space.

The developer said this area will be lawned and that's your front garden. You can plant shrubs around it to make it private.

I should say the land has trees with preservation orders on it so can't be built on. I did offer to buy it, but they said no.

There are others in similar situations on the development, but their gardens aren't a short cut so they have no problems. People are respecting those gardens, but feel they can walk their dogs on mine.

Plant shrubs then. You can't stop people walking on it any other way as it's not your land but you can discourage them

So it's still not your garden. No matter what the developers say, if you don't own the land, then legally its absolutely nothing to do with you. If someone decided to use it as their favourite BBQ spot for 50 guests every evening, you couldn't do a thing about it.

You really need to speak to the developers about the legal position here.

The developer said this area will be lawned and that's your front garden

It doesn't matter what they said. You don't own it so it's not your front garden.

Is the development still selling houses?

Stop mowing the lawn, feed it with Miracle Gro and then when it starts to look unsightly ask the developer if you can buy it as you won't maintain anything you don't legally own. It might also stop people walking across it.

If you owned it and they walked across it I would recommend buying an "instant hedge" with shrubs at 1.5m tall so literally instant. But you can't plant up a piece of land you don't own.

Plant the hedges

The developer has got it both ways haven’t they, you tending it so they don’t have to pay maintenance yet able to include it in their “outdoor space” green plan for all to enjoy.
they’ve probably told everyone else “that’s your communal land” which is why it’s not respected.

there’s two ways of looking at it, refuse to look after it. Or look after it, (when the weathers warmer) buy a few bedding plants and make it look like a garden. It might work. But you also can’t get upset if people don’t respect it even after the work. Sadly. You’ve been stitched up

On this note, it was in the contract that they would mow it regularly and maintain the flower beds. They don't. We have taken over the maintenance ourself, which is what I think they want. They want to own it, but don't want to maintain it.

• Only one house left to sell on the development

Stop maintaining it, ask the developer to. Keep asking them to, let the grass get long (people are unlikely to take short cuts through an over grown piece of land surely?). When it becomes a pain for the developer ask them if they would like to sell it, as it would make their life easier. Do they actively maintain the other areas they own, or have they stitched up everybody into doing the work for them?

If it’s not yours, don’t maintain it, and keep harassing them to maintain it.

If you’re enough of a headache they might decide it’s easier if they pass the ownership to you, and then you can plant hedges etc as you wish.

They might not be able to though - sometimes there’s conditions about how much public green space they have to provide, and they might be counting it in the quota.

Hold on - I think this is a bit of a grey area. Be very specific - did the developer make representations to you that this area was “your front garden”?

If you don't own the land, who does?

@Broderieanglais that actually makes the situation worse because once that last house is sold what contract is there to enforce the developer maintaining the grasses areas? They aren't even doing it now. You shouldn't have started to maintain it, you should have made them maintain it. You and all the other houses that don't own their gardens.

Legally as you don't own it sadly you can't stop people walking over it.

Thank you now I have some insight into what might be going on. They have definitely been steering residents into maintaining their own front gardens even though they don't own them. I didn't know about their motivations behind it.

We bought when it was a sellers market and we desperately needed a house so this grey area wasn't going to stop us. It's is still a good move for us, but I just find it a bit more irritating than I expected now that we have settled in and want to keep a good looking gardens that we can sit in privately.

@Shimmyshimmyshoo there is no grey area. Legally she doesn't own it. She has chosen to maintain it because it is in front of her house.

@Broderieanglais then hedge it. But you are going to have problems in the future when you go to sell.

Sorry it's not your garden. That's disappointing

When the developers get planning permission for an estate, they have to commit to a certain amount of public green space.

They have included the area directly in front of your house in order to achieve the quota. It's public usage land, they won't be allowed to sell it to you.

Your neighbours are correct that they have the right to walk across it, or play football on it for that matter.

Unless you have a written record of the developers saying you could hedge it in, I don't think you have any rights. Sorry.

Why?

I made sure to get that in writing. They definitely said in writing we can plant hedging around the garden, but not a fence.

Remind me, why aren't you planting that shrub line to keep people out?