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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:
Northby · 13/04/2023 11:57

I don’t think it’s CF. The area belongs to the developer. It’s not public land and the public don’t have the right to access it (unless the developer has designated it as such). From OP’s post it sounds like the neighbouring land has been sold to the OP with consent to use the garden area which was retained by the seller, and consent to plant a hedge for the privatisation of such use, and I’d personally review the covenants in the sale transfer as there may be a requirement in there to notify the seller of encroachment on their land…

and even if there aren’t IMO (1) it’s the decent thing to let them know people are trespassing and (2) presumably only OP has been granted access rights to the garden area and therefore its OP’s right to preserve such rights.

hermioneee · 13/04/2023 12:02

The developers lied to you. It's not your front garden, it's a patch of land in front of your house.
The developers have clearly told the rest of the residents that it isn't your front garden as well. That's why they're walking on it. It's not because they're envious, it's because it isn't your front garden.

historygeek · 13/04/2023 12:10

I don't think your plot is that enviable- I'd rather have a smaller front garden that no one walked through or let their dogs shit on.

Original poster
Broderieanglais · 13/04/2023 12:18

historygeek · 13/04/2023 12:10

I don't think your plot is that enviable- I'd rather have a smaller front garden that no one walked through or let their dogs shit on.

Ouch

But with respect you haven't seen it. It is beautiful and everybody says so. It is definitely, objectively speaking, a enviable/lovely/naturally beauful spot. It just is, it's undeniable.

OP posts:
LIZS · 13/04/2023 12:20

It might help to go back to the original plans passed by LA to see how that piece of land is designated. It might be a wildlife corridor or green play space for the community, for example. Are there any covenants associated with it which would make your sole use in breach?

historygeek · 13/04/2023 12:26

Broderieanglais · 13/04/2023 12:18

Ouch

But with respect you haven't seen it. It is beautiful and everybody says so. It is definitely, objectively speaking, a enviable/lovely/naturally beauful spot. It just is, it's undeniable.

Show quote history

But it's annoying you that people walk through it. The people with smaller gardens don't have people walking though them.

Personal preference I guess, I would choose privacy over anything

Helenloveslee4eva · 13/04/2023 12:28

No on the deeds = no your land.

Clymene · 13/04/2023 12:28

I've just seen you've said how big it is compared to everyone else's tiny strips.

You haven't a hope in hell of getting everyone else to keep up. Is it really 1/8 of an acre? That's probably a hell of a lot bigger than the footprint of your house!

Clymene · 13/04/2023 12:28

Keep out, not keep up

IhearyouClemFandango · 13/04/2023 12:29

I think you're right to feel aggrieved, the developers have played a bit fast and loose here. I would do a few things, keep encouraging the shrubs etc. Approach the developers and a solicitor, and in the meantime work on not feeling stressed every time someone crosses.

ohsuzannah · 13/04/2023 12:31

Plant berberis. I've got one at my boundary. Nobody in their right mind would try and push past it. The thorns are 2inches long 😈

VegetablesFightingToReclaimTheAubergieneEmoji · 13/04/2023 12:33

I once heard front gardens described as a love letter to your neighbours. Generally they get far more enjoyment out of them than you do. Perhaps you need to think of it like that, as you are custodian of this beautiful space, and make it an enjoyable place for all.

VegetablesFightingToReclaimTheAubergieneEmoji · 13/04/2023 12:33

Or plant it as a maze so it makes the shortcut so long they don’t bother

ReadersD1gest · 13/04/2023 12:34

If the developer has refused to allow you sole access, op, it's likely that a sizeable piece of land was required as a public amenity space on the development as part of the planning permission.
This is quite usual, and it's certainly not available to be snaffled by the householder living closest to it.
The other alternative is him having plans to further develop the land somewhere down the line, which again, you have no say in (short of raising an objection on the planning portal).
It's not yours, and you can't prevent other neighbours using it.

IhearyouClemFandango · 13/04/2023 12:35

They're hardly "snaffling" it when the developer told them it was theirs.

SinisterKnitter · 13/04/2023 12:36

This really needs a diagram.

ReadersD1gest · 13/04/2023 12:37

IhearyouClemFandango · 13/04/2023 12:35

They're hardly "snaffling" it when the developer told them it was theirs.

The developer refused to allow op sole use? I suspect he's actually tricked op into being the one to maintain the land, whilst conferring on her nothing at all...

Whinge · 13/04/2023 12:38

IhearyouClemFandango · 13/04/2023 12:35

They're hardly "snaffling" it when the developer told them it was theirs.

The developer has refused to sell it to the OP, so it doesn't legally belong to them. They may have said OP is free to use it as a front garden, but that doesn't mean it belongs to the OP. Also we only have OPs word for this, and we have no idea of what was said or who said the OP could use it.

Skybluepinky · 13/04/2023 12:44

You don’t legally own it, until u Faldo there is nothing u can do.

mafsfan · 13/04/2023 12:44

I wonder if the developer's solicitor would say differently to the sales rep who said you could plant and use it as your front garden 🤔

Original poster
Broderieanglais · 13/04/2023 12:47

SinisterKnitter · 13/04/2023 12:36

This really needs a diagram.

I agree, but I'm not going to upload one as it would be outing.

I will say though if people saw the lay of the land, where the developers have lawned and put the flowerbeds it would be hard to deny that it was intended to be anything other than our garden.

OP posts:
SuperSange · 13/04/2023 12:49

Well if that's the case, you need a solicitor. Nobody else can help you.

bigbluebus · 13/04/2023 12:50

Developers lie. When we bought our new build (30 years ago) the representative from the builders told us about the fantastic views to the rear. A quick visit to the local planning office showed they'd already made enquiries about developing the land behind us - which would block out all the views she referred to. We still bought but negotiated a price reduction based on their misrepresentation.

As others have suggested, I suspect the land in question is part of their open green spaces percentage. Have a look on the Local Authority planning portal at their planning application/permission and you'll know one way or the other. It should even show the allocated OGS on the site plan.

FWIW the houses opposite us all have what appears to be front gardens but a contractor comes at regular intervals and mows the grass for all of them - but doesn't touch their back gardens. The children walk across all of it, regardless of the fact it runs under people's front windows.

ReadersD1gest · 13/04/2023 12:51

Broderieanglais · 13/04/2023 12:47

I agree, but I'm not going to upload one as it would be outing.

I will say though if people saw the lay of the land, where the developers have lawned and put the flowerbeds it would be hard to deny that it was intended to be anything other than our garden.

Show quote history

Doesn't their refusal to confirm your sole access suggest a rather different intention?

YellowDots · 13/04/2023 12:52

"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 🤷🏻‍♀️

That's not the point I'm making. I wasn't saying put a tree on it and it will magically be your land. I'm saying plant mature trees to stop the land becoming a short cut whilst she still has permission and before it becomes even more of an established short cut.

It's the best chance she has of it not being an issue when she wants to sell it. That's what will add to the value of her house.