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?

Why are you being rude?

I have my reasons and it isn't because I'm pathetic

When developers build new build estates they have to leave a certain percentage of the land as open space for public use. Some developers will leave a little 'green', some will build a play park etc.

This developer has kept the front gardens as the open space! So the OP doesn't own the piece of land directly in front of her house.

Because of where her house is positioned on the estate, people are using this piece of land as a short cut.

She would like to subtly dissuade them by planting a hedge which the developer (who owns the land) said she could do.

As suggested before Get some nice spikey native hedging like hawthorn https://www.rhs.org.uk/plants/articles/misc/best-native-shrubs-for-hedging
don’t go down the laurel route, it’s good but will seed like mad, does little for the environment and is a thug.
it will look lovely and will make it less attractive for people to use as a cut through. Although I feel your neighbour will continue his “point” making.

If you are allowed to plant it up, I'd get some shrubs planted to make it impossible to move in there. I'm imagining it being quite a small front garden as it's a new estate. Also, I don't know anyone sitting in the front garden? It's good for kerb appeal to make it look nice.

Have you asked the neighbours not to walk across? If you have and they refused, you could start using their lawn. Presumably they are in the same boat as you.

Ironically the private garden with a six foot fence is overlooked and the front garden isn't, other than people walking across it.

I don’t own the verge outside my house, yet people parking on it, throwing fag butts, rubbish etc and fucking it up has really annoyed me.
I still want my little patch to look nice and for people to respect that. I assume the op feels the same regardless of ownership.

Washing line across it could be funny

I wouldn't do any of that because if you fall out with them it's going to cause issues.

Don't mention it to anyone. Buy mature shrubs and get them all planted all on one day as soon as possible before this becomes a bigger problem.

I completely get that…but that’s not what’s happening here. So you wouldn’t be able to plant shrubs and hedges to stop people using land that you don’t own.

That makes a bit more sense, so she’s basically trying to appropriate land that doesn’t belong to her? Surely people should be able to use it as a short cut if they wish?

She is able to plant shrubs - the developer has said she can. She can't legally prevent people from using it but she can discourage them.

Developers are typically CFs trying to get round regulations and requirements that are placed on them.

Your solicitor should have cleared this up before you exchanged. It sounds like the developer told you one thing but the deeds said another. Only what's in the deeds count. But you could plant it up and pretend it's yours and neighbours will probably go along with that.

But the land owners had said I can plant things and they lawned the land and said it was my front garden

It sounds more like false advertising / misrepresentation. It wasn’t on your deeds and never has been, and they knew that.

Yes. This is it

I can remember cases in the past if land like this being sold off and then it being bought up and suddenly charges applied to its use.

They aren’t called ransom strips for nothing.

It's probably 1/8 acre, which is huge for a new build. It's incredibly private as well apart from it being used as a short cut.

Do you have insurance to cover you as you sound to be land locked ie if somebody did manage to buy the land and say you could not go over it without either buying it for an extortionate amount or paying rent to? Its a very unlikely scenario but the insurance is cheap. We had the same situation in a flat we owned with the back garden. I think the insurance was about £35 and paid for by the sellers.

Sorry, the word I should have used was passive.
You have the solution and you have had it since you moved in. The developers told you that you could plant it up and they wouldn't object. If you had done that right at the beginning, your neighbours, despite knowing that you don't actually own it wouldn't have used it as a path.
If you have now planted it and they are still using it as a path, then they are clearly going to be arseholes about it.
Probably too late now.

Do all the neighbours in your row have a similar piece of grass in front of them? I've seen situations where they would each start using their patch as their garden and it's unchallenged as they are all benefitting. It's hard to suggest a solution without knowing the exact layout.

I think effectively you have use of it as your front garden on the condition you maintain it. As you don’t own it and the owner won’t stop people walking across it , there is nothing you can do, the fact of the matter is they have as much right to walk over it as you do. I get why it’s annoying though, but buying a house where you don’t own the land immediately in front of it and can’t fence it was always going to be a problem.

I also think when it comes to selling it will be a major hurdle. As soon as anyone realises you don’t own the land immediately outside your front door they will back off.

there was a huge court case a while ago over this, where someone bought the land and then started charging residents a hefty fee to use it, inc accessing their homes and I think they also cut what was available to be seen as a front garden leaving little paths. I think it was another neighbour who bought it all.

the developer has kept the land for a reason and you need to be very very cautious as to why that is. I’d personally seek legal advice to understand your risks. The neighbours using it as a cut through is the least of your problems. You need to understand rhe developer won’t sell it or let you put a fence on it, tells you they have ooptions to make money from that land.

This could form part of the problem. We have an enviable plot. They have just a tiny strip out front.

But you don’t. You do not have anything at the front. It is not yours