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Legal matters

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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:

mistlethrush · 13/04/2023 14:16

The other reason land is 'left open' on a Development site and retained by the developers is that they hope that they will be able to punch a road through the land and access land beyond the existing boundaries to the site - even if they think that they might get a couple of dwellings on it would be worth it.

If they simply didn't want you building anything in the front garden because of the TPOd trees, an article 4 notice would have done that - although PD rights don't allow you to do much in front gardens anyway.

Do you even own the access to your parking / garage / front door or does that also go through this area of developer owned land?

MinnieEgg · 13/04/2023 14:22

CheeseMcKnees · 13/04/2023 13:59

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

She bought it two years ago.

LIZS · 13/04/2023 14:36

hermioneee · 13/04/2023 14:13

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?

A diagram might be handy!

Littleroseseverywhere · 13/04/2023 14:39

QuillBill · 13/04/2023 13:57

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.

It’s both. She’s already said that. It’s communal and everyone knows it, it’s in the site plans when you buy a property, she can use it as her front garden but the developer has refused tos ell it to her or even state its for her exclusive use.

im always surprised as the naivety of buying a house like this. If someone is insisting on owning the land and even refusing to make it exclusive, then you can assume that it’s for a damn good reason.

QuillBill · 13/04/2023 14:48

But it isn't both.

Littleroseseverywhere · 13/04/2023 14:49

I think the other issue is statements like this “It does bother me that my neighbours feel entitled to walk across our lawn”

it’s not your lawn, it’s the developers lawn, it’s a communal area. Not only can they walk across it, they can sit on it and have a picnic if they so choose.it’s horrible I know but it’s a key fact.

also this “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 sell it to you, that’s the whole issue, they refused to sell it to uou. They won’t even allow you to say it’s just for you.

the trees can be a protection although they can be removed in certain circumstances, but trees get sick , they get diseased and they do die.

MrsMontyD · 13/04/2023 14:51

SinisterKnitter · 13/04/2023 12:36

This really needs a diagram.

Definitely, I'm struggling to understand how only the OPs house opens into this large plot of land.

Where do you park OP?

SpringHasSprungAtLast · 13/04/2023 14:51

If they said you can plant shrubs, I still don't understand why you haven't planted enough shrubs to make impossible for people to step over them and use the green area if it bothers you that much

Namechange1345677 · 13/04/2023 15:12

Poor op.

The sales team really got you there! It's not your lawn no matter how many times they 'sold it to you as'. Sales teams lie. That's how they sell houses....they sell a dream not reality. The deeds show what's real.

It's communal. Not yours. Plant stuff if you like...but the land owner might come back and remove it!

ReadersD1gest · 13/04/2023 15:21

SpringHasSprungAtLast · 13/04/2023 14:51

If they said you can plant shrubs, I still don't understand why you haven't planted enough shrubs to make impossible for people to step over them and use the green area if it bothers you that much

I'm wondering when the conversation regarding "You can plant shrubs" took place, as op has said the developers had contracted out the maintenance of the space to a third party?
It doesn't exactly tie in, and it certainly doesn't make it "hers", especially as she seems to have asked the owners to confirm it's for her sole use and they've refused 😵‍💫

AndrexPuppy · 13/04/2023 16:04

Littleroseseverywhere · 13/04/2023 14:49

I think the other issue is statements like this “It does bother me that my neighbours feel entitled to walk across our lawn”

also this “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 sell it to you, that’s the whole issue, they refused to sell it to uou. They won’t even allow you to say it’s just for you.

the trees can be a protection although they can be removed in certain circumstances, but trees get sick , they get diseased and they do die.

trees get sick

They do and in many cases, the planning dept insist that a like-for-like or appropriate native tree (also with a TPO) is planted in its place.

Littleroseseverywhere · 13/04/2023 17:51

It’s all moot though.

the only things for sure are:

this is a communal space.
it is marked as a communal space on the site plans that all the neighbours have
tne developer has refused to sell it to the op and has refused to even state its for her sole use.
the lawn belongs to the developer and is a communal space.
like everyone else. The op does not have a front garden.
the neighbours all know she’s not got a front garden
they also all know they have equal rights to use the lawn as she does.
if she borders it and makes it too nice she may face the risk of folks using it as a leisure ground. In fact that risk already exists. From street parties to kids playing ball.
the developer still owns it, and has as yet not sold it on.
selling it on is common practice and is normally to a maintenance company who will charge a fee. However she won’t know for sure until all plots are sold and the developer completes on what their intentions will be.

I’d also add telling the neighbours it’s her front garden and it’s her lawn is a likely making her look a tad silly . They know it’s not.

my friend has a similar situation, her house borders a massive patch of grass about rhe same size. The developer has said she can put shrubs in(not hedging) and use it as hers if she agrees to maintain it. But it’s not hers and the neighbours can use it. They don’t tend to. The key difference I think is she doesn’t pretend it’s hers, doesn’t get aggrieved if someone walks over it, but feels she’s just in a great position as she faces it and gets to use it.

CarInsuranceIssue · 13/04/2023 18:15

I live on a new development with similar pockets of open spaces for use by everyone. Some are very obvious, others are not. The roads are also an unadopted nightmare and one couple who lives at the side of me think they own it. We all have a right of way over it but they don’t accept that. They routinely tell delivery drivers/trades people to move off it and today a young couple was using the communal path opposite them to teach their child to ride a bike. They have been shouted at and told to move away. You literally own what is in your deeds. Nothing more. And you can’t tell other people not to use it if it’s not yours.

SheilaFentiman · 15/04/2023 12:35

If the space is so huge, can you “border” the area near your window with large plant pots close together? With just one gap
so you can walk through to the larger area.

These can then be removed if it’s ever a problem but should stop people on the communal land peering into your window.

whatyoulookingfor · 16/04/2023 20:11

My mums neighbours had a similar situation to this, well everyone did, except these neighbours decided to put a hedge around the bit outside their house. People deliberately walked over it because they knew it wasn't theirs, then someone said that they had fallen over the hedge in a communal area that shouldn't have been there, and sued the owners who had put the hedge up. They lost the case, had to pay the person injuelred and remove the hedge.

OP, it's not yours and if you try to claim it as yours you may end up having an expensive lesson in public liability.

OpalShimmer · 12/01/2024 21:44

Broderieanglais · 13/04/2023 09:46

I made sure to get that in writing. They definitely said in writing we can plant hedging around the garden, but not a fence.

Show quote history

Can you put in raised bedding around the edge?

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