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Original poster

Front garden situation

166 replies

Broderieanglais · 13/04/2023 09:00

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?

OP posts:
MintJulia · 13/04/2023 09:48

In that case, I'd plant the spikiest hedge you can find - berberis or blackthorn. And consult a solicitor 🙂

GoldenGorilla · 13/04/2023 09:49

Ok so you have your solution then, plant hedging all the way around it? Others could still in theory go through the gate and use the land but they’re much less likely to bother once it’s hedged.

GoodChat · 13/04/2023 09:50

@Broderieanglais you'll struggle to sell because people don't have a house with a lawn they don't own.

VegetablesFightingToReclaimTheAubergieneEmoji · 13/04/2023 09:50

Broderieanglais · 13/04/2023 09:44

Why?

Show quote history

Because people don’t want to be in the position your in now.
it is not clear cut and that will put people off.

Whinge · 13/04/2023 09:51

Broderieanglais · 13/04/2023 09:44

Why?

Show quote history

I'm surprised you're asking why you may have problems when selling. A lot of potential buyers are going to be put off buying your property for the same reasons you're annoyed now.

You don't like people walking across the front, but can't stop them.
You want to fence it off or plant things and you're not able to
You want to use it for your own private use and can't.

If it annoys you then it's going to annoy and potential future buyers

VegetablesFightingToReclaimTheAubergieneEmoji · 13/04/2023 09:52

MintJulia · 13/04/2023 09:48

In that case, I'd plant the spikiest hedge you can find - berberis or blackthorn. And consult a solicitor 🙂

This.

As a previous poster said there is some potential depending on wording etc for mis representation about it. It really depends on what was said and how it was sold to you.

Hazelnuttella · 13/04/2023 09:52

I would consult a solicitor OP. The property developer can’t have it both ways.

If they own the land they have to maintain it.

Original poster
Broderieanglais · 13/04/2023 09:52

VegetablesFightingToReclaimTheAubergieneEmoji · 13/04/2023 09:50

Because people don’t want to be in the position your in now.
it is not clear cut and that will put people off.

Show quote history

It didn't put all the people off who have bought these houses. It was a sellers market at the time though.

OP posts:
Hazelnuttella · 13/04/2023 09:53

Also presumably you’re paying a service charge? That should cover the maintenance that they’re not doing

worried4698643 · 13/04/2023 09:53

What the developers said is not legally binding in anyway.

What's in your deeds are.

It's not your lawn. It's not your land. Apart from buying it from the developer there's nothing you can do unfortunately

Catwithbigfeet · 13/04/2023 09:53

“Broderieanglais · Today 09:44
TreeNaDo · Today 09:43

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

The buyers solicitor would want to know why it’s fenced or hedged and any sign of a dispute would put any buyer off.

Original poster
Broderieanglais · 13/04/2023 09:55

Whinge · 13/04/2023 09:51

I'm surprised you're asking why you may have problems when selling. A lot of potential buyers are going to be put off buying your property for the same reasons you're annoyed now.

You don't like people walking across the front, but can't stop them.
You want to fence it off or plant things and you're not able to
You want to use it for your own private use and can't.

If it annoys you then it's going to annoy and potential future buyers

Show quote history

I would just price it right to reflect that.

OP posts:
Softoprider · 13/04/2023 09:56

Hedge it. I would do this. If the developer does not want to maintain it but wants to own it - they should at least contribute to the cost of the hedging as a form of goodwill. Can't you talk reasonably to them - persuade them even !

mrsfennel · 13/04/2023 09:57

Very frustrating for you, can you plant a low box hedge all the way round? Expensive to get decent size plants though. Or even a very low edging fence?

To be honest when the developer said you wont own the front garden I would have either got my solicitor to try and include at extra cost or I dont think I would have bought.

Anyone can walk on it, play ball games etc as its not your land.

Original poster
Broderieanglais · 13/04/2023 09:57

SpringHasSprungAtLast · 13/04/2023 09:48

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

I have, but it's going to take time to fill out.

OP posts:
Clymene · 13/04/2023 09:58

She is able to plant things.

I think you have a choice: a) you plant a hedge and maintain it and pretend it's your private garden, even though it's not or b) you just ignore it and let it get overgrown and weedy.

Either way, there is nothing legally you can do to stop other people using it. Do you not have a private garden at all?

custardbear · 13/04/2023 09:58

Whinge · 13/04/2023 09:22

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.

I wonder if the developers said that so you'd keep it looking nice, if they were bothered they'd have changed to deeds to include the land when purchased. It's crappy but I don't think you have any rights without ownership. Do seek legal advice though as perhaps there's a way to get ownership via solicitors

MinnieEgg · 13/04/2023 09:58

It didn't put all the people off who have bought these houses. It was a sellers market at the time though.

No because they lied to you and said it was your garden when it wasn't your garden at all.

Fizzadora · 13/04/2023 10:01

Why are you being so pathetic?
Why didn't you put shrubs in 2 years ago? It would be well established by now.
Now that you have actually bothered to plant it up, why haven't you planted bigger shrubs?
Are your neighbours jumping over your plants?
Honestly, I despair.

Catwithbigfeet · 13/04/2023 10:02

In your situation I would let the grass grow, maybe even sow some weeds in there like nettles and ask the developer to maintain it.

If they don’t, at least you’d be creating a haven for wildlife.Maybe add some wildflowers and let it maintain itself.
If anyone complains to you, just tell them it’s not your patch.

They want to have their cake and eat it but don’t let them.Their land, let them look after it.

VegetablesFightingToReclaimTheAubergieneEmoji · 13/04/2023 10:02

Broderieanglais · 13/04/2023 09:52

It didn't put all the people off who have bought these houses. It was a sellers market at the time though.

Show quote history

It’s also easier to sell a new and shiny house that will need zero work. 5-10 years down the line it may be a different story. did your solicitor not raise it?

if everyone tends theirs, and treats it like a garden it will look like a non issue - other than the inflexibility to turn it into a drive etc.

Lysianthus · 13/04/2023 10:03

@Clymene I was interested in the back garden too. Normally these are the private spaces. I can't imagine ever wanting to sit in a front garden, relaxing in front of the passers by! Unless I lived in the middle of nowhere. I know it's very popular in the US to sit on the porch but not so much here.

OP, get planting, or stick a sign saying 'bee friendly meadow'.

Allthingsbrightandbeautifulx · 13/04/2023 10:03

Broderieanglais · 13/04/2023 09:57

I have, but it's going to take time to fill out.

Show quote history

You can buy mature hedging so you’ll be halfway there. They will just entwine as they grow, but won’t have massive gaps between when you plant them.

YellowDots · 13/04/2023 10:04

Yes, get much bigger shrubs. And a tree.

I'd be throwing money at this as if you don't get it resolved before someone says 'you can't do that' then it's going to end up costing you tens of thousands of pounds on the price of your house.

Linio · 13/04/2023 10:07

But, it’s not your garden? I don’t get it.