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?

It’s driving me crazy that you keep saying owners told you at beginning that you can plant hedges and shrubs all around the front (which would physically keep neighbor from walking across it). Unless I’ve missed a post, why haven’t you done that, and why don’t you do that??? And you won’t answer that question from pp asking it?? (Unless I’ve missed it and then of course apologies 😅)

Developers rarely sell the properties themselves. They use an agent to do that bit for them and they will say anything to get a sale.

It's not your land. They've told you that. They won't sell it to you because they can't - it's part of the green spaces allocated for the development. You can try and plant hedges and make it look like it belongs to you but your neighbours know it doesn't.

Is there any other green space in the development?

You missed it. I have. Not perfect, but best I can so far

It’s like you want the owners to change the paperwork to give you some kind of authority over the front which they own, so you can show it to the neighbor to stop her trespassing. And you are ‘refusing’ to plant hedges and shrubs to keep her from trespassing until you get that paper of authority from the owner, which you will never get. Think. You agreed to something that put you at a disadvantage. Do you really think the owner is going to legally reverse that to then put themselves at the disadvantage? After you’ve agreed and the deed is done, pardon the pun?

Ah, apologies then! Sorry, I didn’t see that. And disregard my second post please!! It’s a dilemma. When you get the funds, put up enough that would keep neighbor physically from accessing the beauty spot. She’s being an awful neighbor by acting like this.

And thinking about it from your neighbours' pov, why shouldn't they have access and use it as a shortcut if it not specifically yours. Do you own the freehold to the properties, is there a management company for the estate ?

Op has no actual right to stop anyone from physically accessing what really sounds like a public amenity space. Who is actually being the awful neighbour here?

Is there any other green space in the development?

Lot's, unbelievable how much green space they didn't build on. I think it's to do with tree preservation orders. It new estate was built within the grounds of a stately home.

It borders what everyone else borders though no? In reality you’ve a bigger issue than others, what happens if they sell the land and the new owner decides to rent it as car parking spaces, or to put something on it? You can’t stop them.

right now the owner of the land can pretty much do as they please with it. Anyone with a small strip is much safer.

Well the owner said she could plant hedges to make it private which necessarily means keeping others from accessing it. It’s not really meant to be a public space from the owner’s point of view, but to simply meet the requirements while maximising the money they make from the land. Yes, it’s morally unethical, but that’s on the owner, not the op. She’s just having to deal with the consequences of the owner’s barely legal moral failing and she just wants a bit of privacy. It’s apparently such a beautiful spot that she is trying to make it work for her, that’s all.

Let me amend that to say that the owner may be abiding by tree preservation orders, as per op.

Op says the land is about 1/8 of an acre. An acre is about 4064m squared so an eighth of that is about 500m squared. That’s a huge front garden if it genuinely is an eighth of an acre. Roughly 25x20m. You could fit another whole house and garden onto a plot that size! No wonder it’s considered part of the common space of the estate when it’s the size of a small park.

Why didn't your solicitor sort this out when you bought?
You'll need to before you ever sell!

Op. Habe you all spoken to the developer for their plans for the land they have retained?

generally they sell it to a maintenance company who then make their money back by charging maintence fees to the house owners. However if it’s as big as you say, are you sure there are no other plans for it. To build on it, make it a car park etc? To sell it for someone to do that?

generally developers don’t retain ownership once all units are sold. They sell it on.are you comfortable on their plans?

It’s quite normal if they plan to sell it to a maintenance company, then it will be maintained and a cost levied.

however there are clearly plans, the fact they refused to put something in saying it was for the ops exclusive use says they think someone else could be using it soon enough.

I genuinely don't think they are retaining it to build on it or hold me to randsom. It is a corner plot with protected trees surrounding it that need a huge clearance space legally, which has created this space. I dont think it was ever intended to be a communal space because theu sold it to us as our front garden and landscaped it as such. I just dont think the want people building extensions or garages on it, as part of permitted development because of the TPO. I think its more or a case the boundary the TPO drew at developmeny stage. But I don't fully know that for sure.

If it's adjacent to the house, then it sounds like it could be developed in time. Possibly the talk of it being the OP's front garden was to encourage someone to buy a house that had the disadvantage of public access/development potential in front of it.

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
How does this square with "It's my front garden, the neighbours have no business walking in it?" 😱
Why do you think the developers would contract out the ongoing maintenance of your front garden?
This beggars belief, tbh. You have either been wilfully misled, or you are extremely confused.

I dont think it was ever intended to be a communal space because theu sold it to us as our front garden and landscaped it as such

It wasn't sold as your front garden, if it was yours then it would be on the deeds. They're not allowing you sole use, and they won't sell it to you. You may have been told all sort of stuff to get you buy the house, but no matter what was said at the time, the huge area of land next you your house isn't your front garden

This is nonsense, op. The TPO would apply to anyone who owned the land, it's not the reason they didn't include it in the sale.
It's not yours.

It is normal for new builds to have had permitted development rights removed. So you or a neighbour would need planning permission for any extension, shed, garage etc, even assuming you owned the land.

I dont think it was ever intended to be a communal space because theu sold it to us as our front garden and landscaped it as such

They didn't though. They may have marketed it to you as front garden but it was never actually sold to you and as such it isn't your land. It seems you were misled by the sales team and didn't fully dot the i's and cross the t's when it came to getting the legals sorted. Consequently, you don't own the land and cannot stop people using it as public space. It is deeply unreasonable to plant aggressive shrubs and annexe this space, despite the email 'permission' (which I'm not convinced would actually stand up in court should anyone decide to take legal action).

You may be correct that they chose that area as green space as a result of the TPO's, or it was some sort of planning condition to protect the root systems of the protected trees but it's a moot point. As PP say, it seems like the developers have marketed this piece of land twice - once to the planners (officially and legally) as part of the green spaces conditions and then again to you (unofficially) by giving the impression of it being part of the plot you bought.

I can understand that it is annoying and invasive having people cutting across your front window and you feel 'mis-sold' to by the sneaky git developers, but that still doesn't give you the right to claim the land.

They might have told you it could be your front garden and they might have told your neighbours it's communal land as they will have wanted to sell the houses.

Don’t buy the house until the deeds reflect what the developer has promised.

What I don't understand is how it's landscaped to be like your front garden and yet your neighbours are walking across it.
So your neighbours know that it doesn't belong to you? How do they know? Is there a plan that they've seen that says it's communal space?
If so, how can you possibly hedge it off to prevent access?