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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:
GoodChat · 13/04/2023 10:59

Would the borders law apply here - so if you plant the hedges and nobody contests the access for X amount of years it's legally yours?

theemmadilemma · 13/04/2023 11:00

I see why people are being arsey. You knew the situation. I'd have planted shrubs straight away or put in mature ones once I knew the issue. Nothing else to be done. Bar moan.

Of course they want you to maintain it, it's cheaper for them and you have no path to Adverse Possession.

theemmadilemma · 13/04/2023 11:01

GoodChat · 13/04/2023 10:59

Would the borders law apply here - so if you plant the hedges and nobody contests the access for X amount of years it's legally yours?

No, they have permission to use it from what I can tell. That nulls any claim.

Allthegoodnamesarechosen · 13/04/2023 11:01

Broderieanglais · 13/04/2023 09:57

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

Show quote history

So put young plant protectors round it , quite tall and close together. Good strong stakes firmly planted in the ground. That’s correct in horticulture, and fairly off putting to ‘intruders’ . You could also link across with black twine or wire , to stop the pigeons eating the new shoots. 👠😉

possession is nine tenths of the law….

GoodChat · 13/04/2023 11:01

Ah ok, thanks @theemmadilemma

ReadersD1gest · 13/04/2023 11:04

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
You can't just commandeer a piece of public land and "explain" that it's now your garden, op...
This is nuts 😵‍💫

ReadersD1gest · 13/04/2023 11:05

Broderieanglais · 13/04/2023 10:58

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

Show quote history

No, you don't. Your property borders an enviable plot.

Chewbecca · 13/04/2023 11:09

It's irrelevant that the developers have said in writing that you can plant it and use it as if it is your front lawn. It legally is not so you cannot disallow neighbours to walk across it and you cannot sell it on as if it was yours.

Original poster
Broderieanglais · 13/04/2023 11:10

Thats sort of what I mean. If a house was boardering the beach it is still an anviable plot

OP posts:
ReadersD1gest · 13/04/2023 11:12

Broderieanglais · 13/04/2023 11:10

Thats sort of what I mean. If a house was boardering the beach it is still an anviable plot

But you couldn't claim it for your exclusive use.

EarringsandLipstick · 13/04/2023 11:14

OP, this is a mess.

It's not your front garden. You thinking it is is the problem.

The developers have created a confusing situation but you've no right to privacy or to limit people crossing it.

If you go to sell, it will absolutely cause an issue. A future buyer may not want the hassle, and they'll want to be sure that the grass is maintained by someone else.

In Ireland, once the developer has fully completed an estate, the local authority takes it in hand - they would not be able to do so easily to a hedged area. (This may not be what happens in the UK)

Original poster
Broderieanglais · 13/04/2023 11:14

Just from these responses It's fair to say it is a case that draws different opinions.

I think I simply need to not let people walking across it irk me. I think part of the problem is my neighbour is noisy and let's it be known when she is out there. I feel encroached on. I need to stop feeling that.

OP posts:
Whinge · 13/04/2023 11:15

Broderieanglais · 13/04/2023 11:10

Thats sort of what I mean. If a house was boardering the beach it is still an anviable plot

Your hosue is next to a large communal piece of land, but it doesn't belong to you. Anyone can use it, so why would you think the neighbours envy you?

RudsyFarmer · 13/04/2023 11:15

I do remember looking at new builds a year or two ago and we were enquiring over who owned certain land and it was explained that it was common land left there for the general aesthetic of the development. The maintenance company i guess owned it in the end and it was maintained by them using the service change money.

if the land has a tree on it with a preservation order attached it makes more sense as to why it’s just sitting there. Personally I wouldn’t be maintaining it. It’s not yours.

RudsyFarmer · 13/04/2023 11:16

*communal land not common land

SpringHasSprungAtLast · 13/04/2023 11:17

Hang on...
You've planted shrubs (which you're allowed to do) but they're too tiny and space apart until they mature, which enables people to ignore them and walk between them?

Then, surely all you need to do is place bedding plants or higher perennials or annual flowers like cornflowers or foxgloves in all the spaces, so people actually can't step over them?

Northby · 13/04/2023 11:17

Tell the developers people are using the garden as a cut through. The developer should want to try and prevent people from establishing a right of way through the garden - you could suggest they erect a fence or plant a hedge for this purpose. Otherwise you can plant hedging yourself if you have consent to.

ReadersD1gest · 13/04/2023 11:22

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.

"Planting it up" won't add a penny to the value of op's house. It's not on the deeds, she can't sell her house with the land included because it's not part of the property 🤷🏻‍♀️

Linio · 13/04/2023 11:24

Northby · 13/04/2023 11:17

Tell the developers people are using the garden as a cut through. The developer should want to try and prevent people from establishing a right of way through the garden - you could suggest they erect a fence or plant a hedge for this purpose. Otherwise you can plant hedging yourself if you have consent to.

Except it’s not her garden!

I see this as CF territory and am amazed by the number of posters encouraging it!

Hazelnuttella · 13/04/2023 11:26

Northby · 13/04/2023 11:17

Tell the developers people are using the garden as a cut through. The developer should want to try and prevent people from establishing a right of way through the garden - you could suggest they erect a fence or plant a hedge for this purpose. Otherwise you can plant hedging yourself if you have consent to.

They have just as much right as OP does to access the land.

VegetablesFightingToReclaimTheAubergieneEmoji · 13/04/2023 11:32

Linio · 13/04/2023 11:24

Except it’s not her garden!

I see this as CF territory and am amazed by the number of posters encouraging it!

Show quote history

I’m not encouraging her to commandeer it as her garden - that ship sailed when the developer wouldn’t sell it.
However, she appears to have been stitched up by the developer into maintaining it so it’s nice, or leaving it unkempt and uncared for. Which on one hand is great for wildlife, but won’t encourage people to respect it and she will have to look at it.
I think maintaining it is probably the best of the options. I’d definitely meadow and wildlife plant it. Once established it’s fairly self sufficient, attractive and beneficial for everyone.

so if the developer had to keep it as part of the green land to get planning permission, how long before that type of requirement slips? I can think of one development Near me that was offering the ransom strips to the houses after about 15 years.

Chewbecca · 13/04/2023 11:42

Following on from your beach analogy - your 'front garden' is the beach. It isn't yours and you can't stop people walking across it or expect privacy. You can put a chair on it and sit on it. But it is not yours.

Original poster
Broderieanglais · 13/04/2023 11:47

Chewbecca · 13/04/2023 11:42

Following on from your beach analogy - your 'front garden' is the beach. It isn't yours and you can't stop people walking across it or expect privacy. You can put a chair on it and sit on it. But it is not yours.

But if that beach was owned by the people who sold you the house and they said it was your beach and you can plant a hedge around it would you not feel a bit miffed if your neighbours let their dogs poo on it?

OP posts:
Whinge · 13/04/2023 11:51

Broderieanglais · 13/04/2023 11:47

But if that beach was owned by the people who sold you the house and they said it was your beach and you can plant a hedge around it would you not feel a bit miffed if your neighbours let their dogs poo on it?

Show quote history

They can say what they want, it doesn't make it true.

They said in the contract that they would mow it regularly and maintain the flower beds... but They don't.

You can say it's your front garden, they can say it's your front garden but the deeds say otherwise and in this case the deeds are what matters.

Chewbecca · 13/04/2023 11:57

Yes if they legally said it was your beach, i.e. included it in what they sold to you and what you legally own.

But they, sneakily in my opinion, did not do this so no.