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not declaring problem neighbours

sheila98765 · 2011-10-24 16:11:24

What can we do. We moved into a house in April hoping to have a lovely quiet life. We moved away from our last property as the area had become run down and a lot of children on the street late at night. When we viewed our current house we specifically told them this and asked about the neighbours. We were told they were…

Comments

---lee--- Posts: 921 Forumite

24 October 2011 at 10:32PM

Assuming that this is a continuation of the posts here:

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=7&t=16443

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=9&t=16644

My guess would be that the neighbours are upset about you planting trees on what they consider to be public open space.

I'm now thinking that perhaps the previous owners bought the land, tried to have it reclassified and failed? Perhaps why it's now owned by you but cannot be used as part of your garden? If that’s the case, there may be a paper trail at your local council. I would have thought that your solicitor should have pointed out the status of the land to you when you bought the house.

I am not stalking you BTW, it just happens that I follow both forums!

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devotee Posts: 881 Forumite

24 October 2011 at 10:40PM

---lee--- wrote: »

Assuming that this is a continuation of the posts here:

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=7&t=16443

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=9&t=16644

My guess would be that the neighbours are upset about you planting trees on what they consider to be public open space.

I'm now thinking that perhaps the previous owners bought the land, tried to have it reclassified and failed? Perhaps why it's now owned by you but cannot be used as part of your garden? If that’s the case, there may be a paper trail at your local council. I would have thought that your solicitor should have pointed out the status of the land to you when you bought the house.

I am not stalking you BTW, it just happens that I follow both forums!

Different people?

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devotee Posts: 881 Forumite

24 October 2011 at 10:48PM

Nope, just read the same thread and it looks like the same OP.

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Emmzi Posts: 8,658 Forumite

24 October 2011 at 11:00PM

it certainly does, and it also looks like that OP did not like the response they got.

Can you check the current land use at the council and come back and let us know? It's all speculation until you have done that. You may actually be in the wrong here.

Debt free 4th April 2007.
New house. Bigger mortgage. MFWB after I have my buffer cash in place.
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SavvyStudentSaver Posts: 166 Forumite

24 October 2011 at 11:57PM

Very similar issues face by the posters in the different forums- but one key difference. Our OP here has no kids, and the one from gardenlaw does. Simply put-different people.

Also- our OP put up a fence, the other planted Leylandi trees.

If it rains, it rains.
We'll be in the street, looking thunder in the face,
Singing la la la la la,
I wont change

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Antimony Posts: 67 Forumite

25 October 2011 at 12:02AM

SavvyStudentSaver wrote: »

Very similar issues face by the posters in the different forums- but one key difference. Our OP here has no kids, and the one from gardenlaw does. Simply put-different people.

I think the poster on the other forum is talking about future kids?

We don't currently have kids but we are planning to

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---lee--- Posts: 921 Forumite

25 October 2011 at 12:03AM edited 25 October 2011 at 12:13AM

@ Savvy - OP on gardenlaw did not have kids.

Maybe a fence has since been added. Only OP can tell us.

Edit: Antimony beat me to it. Maybe the fence is also planned. Anyhow, if not same person, apologies for any confusion.

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ruggedtoast Posts: 9,819 Forumite

25 October 2011 at 12:32AM

---lee--- wrote: »

Assuming that this is a continuation of the posts here:

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=7&t=16443

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=9&t=16644

My guess would be that the neighbours are upset about you planting trees on what they consider to be public open space.

I'm now thinking that perhaps the previous owners bought the land, tried to have it reclassified and failed? Perhaps why it's now owned by you but cannot be used as part of your garden? If that’s the case, there may be a paper trail at your local council. I would have thought that your solicitor should have pointed out the status of the land to you when you bought the house.

I am not stalking you BTW, it just happens that I follow both forums!

Without the hedge being put up and an opening created from our drive to the grass it does look like a lump of grass on the close which is nothing to do with us.

Having read both those threads and reading between the lines I suspect there is another side to this story.

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SavvyStudentSaver Posts: 166 Forumite

25 October 2011 at 12:33AM

Antimony wrote: »

I think the poster on the other forum is talking about future kids?

Oops, somehow missed that bit. I'd based it off of

The intention is to add value to our house and create a garden for our kids to be able to play on safely.

If it rains, it rains.
We'll be in the street, looking thunder in the face,
Singing la la la la la,
I wont change

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neas Posts: 3,801 Forumite

25 October 2011 at 8:44AM

Sounds like the land was 'worthless' for the developer to sell it for so little (nominal value).

I don't believe that that land was ever intended to be used as a garden, just that someone has to own it. Normally council owns it.

Most likely (99%) sure that land can't be used for a garden and you are basically peeing off two sets of neighbours by doing the following:

1. Trying to close off, slighly the land to them over a very short period:

Since we moved in the children from the other houses have played on the grass happily and we have told all parents we are happy for them to do so.

Then state later in the other thread:

Is there anything we can do to prevent our neighbours children and dog from going onto our garden. We have a lovely open planned strip of land at the front of our house which used to be a communal area but the previous owners of our house bought it and it now belongs to the property we have bought. Our neighbours children and dog are constantly on this strip of land which we have politely asked them not to do.

Basically you believe you can fence it off when you probably can't.. I have a communal shared bit at the front of my house that could be used for a path... I can't fence that off.

2. Planting an extremely aggressive 40ft TREE (that grows to that height in 4 years!)... and dismissing it as a 3ft tree... Which planet are you from?

3. Not communicating properly with them.

Now you've alienated yourself over a small bit of land that actually you do own, but have no right to limit others to use. Sorry you bought the house assuming that but it was wrong.

Now neighbours are peeved at your attitude and you now have to live there for a while.... A neighbour from hell was classified by our local paper.... he had simply planted leylandi in his garden... and the roots and trees were blocking out light and damaing local property/road.

How are you not different in taking a niave approach to the strip of land?

I'd say you've made your bed and now you got to sleep in it. Wouldn't be suprised if council force you to remove leylandi and then ask you to take any fence you put in down.

Btw if the 'communal' land was worth more than £1.. then you could understand it could be declassifed as communal. You own the communal land but can't limit others use.. Basically its not a great deal you can do with it, cept mow it lol.

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