Unmanaged adjacent land causing problems

courtmc

Behind our property, and behind the property of four of our neighbours is a strip of land which is adjacent to a public park. Whilst the park has been maintained by the council, the strip of land as been left to grow wild and there are a number of large trees towering over our back gardens.

There were a number of complaints made to the council - one response I received stated the trees would be looked at within 18 months. However, one the neighbours did some further digging and found, according to the land registry isn't owned by the council at all, but by Persimmon, the building company, own owned the company which initially built the properties about 25 years ago.

Looking at the records it seems that there are strips of land all around the park which are still owned by the developers. I'm not sure if it's true, but when we moved in 7 years ago we were told that the original owners of the properties in question were offered the strip of land to increase the size of their gardens, but they turned it down as the gardens would have been double in size.

So, I've tried to contact Persimmon about this land. Basically, it's blocking light, the trees are extremely tall and the branches are starting to affect the fencing - it's gone past being able to cut back from one side of the fence. It needs properly dealt with.

I emailed contacts I found online for Persimmon and no response until I used a generic email address and they asked for proof they owned the land, which I then sent.They then said they would send on to the relevant department. That was two months ago.

I realise they are a big company, and with agreement from the neighbours I offered to take ownership of the strip of land. Basically, our 5 homes would double the size of our back gardens. I offered to pay for the legal fees to do this and of course, for the continued management of the land. This would also include the initial outlay to deal with the trees (assuming they are not protected), and reestablish the fencing along the new boundaries. No other neighbours would be adversely affected.

However, I'm not getting any responses and it's getting to the stage where our fencing is going to last much longer. 

Then in a further development Japanese knotweed was found of the strip of land - in two separate areas. It's not yet in our gardens. I informed Persimmon about this, but after the previous emails, it could seem like I was making it up to force them into action. We would still be willing to take ownership of the land despite this - better to have a problem we can deal with than one we can't.

The legal route is open but I'd rather not, and I feel that this is probably a case of not raising the problem in the correct way, or not getting the information to the correct person in Persimmon. 

Would anyone have any advice on the next course of action? At a minimum we need the land managed and knotweed dealt with, but ideally, and for the long term, for us to take legal ownership of the land.

Ramouth

I’m not sure about this, but will put the idea out there for someone more knowledgeable to comment on!


As the owner is showing absolutely no interest in this piece of land, could you not just start using it?  After a certain number of years you could claim adverse possession.  This removes the need for the owner to respond.  The risk is that you spend the next 7 years looking after it and then persimmon take it back so it would probably best not to spend too much money on it (don’t build a swimming pool on it!)

getmore4less

Is there a fence between the strip and the council bit?

if there is that would make it a bit easier and less cost to just start using the land anyway just not spending too much money.
Even just mowing/cutting everything back  will stop any encroachment 


We had a patch like that on our estate one of the adjacent  house put a fence up and just used the land themselves,  when they came to sell they had to put their regular fence back as it turned out it had been adopted as green space but the council had not been looking after it, now the council mow it.  

if all 5 want "their" bit that first bit of maintenance shared would not be too much work if you have the right tools between you

user1977

Though taking on the land then makes the Japanese Knotweed the OP's problem. If they want Persimmon to deal with that, Environmental Health at the council may be of assistance, given it constitutes contaminated land.

elsien

FWIW I don’t think there’s anything you can do to force them to deal with the knotweed unless it’s causing a nuisance to other landowners. 

gwynlas

You need to G*** le JK responsibilies read the gov.uk website and notify Persimmon as the owners of the land re their responsibilities and let the local council and your  neighbours that you have done this. You should check with your home insurer whether you have legal cover on your policy.

lookstraightahead

JK is a nightmare and can affect your surveys. I think they have a duty of care to deal with it.

elsien

lookstraightahead said:

JK is a nightmare and can affect your surveys. I think they have a duty of care to deal with it.

Only if it’s encroaching on other people. Have already had this debate with my local council in an attempt to force a neighbour to do something, 

Section62

courtmc said:

Looking at the records it seems that there are strips of land all around the park which are still owned by the developers. I'm not sure if it's true, but when we moved in 7 years ago we were told that the original owners of the properties in question were offered the strip of land to increase the size of their gardens, but they turned it down as the gardens would have been double in size.

I don't think this is the real reason - the developer is in business to make money and offering additional bits of land optionally to buyers doesn't make good business.  Either the land would be incorporated into each plot automatically (so increasing the sale price), or the layout of the development would have pushed the buildings that bit closer to the development boundary so more properties could be squeezed into the site (so increasing total sales).

Being around the park suggests the strips of land were a planning requirement to act as some form of buffer between the park and the new builds, or to protect trees on the park boundary from the builders and subsequent occupiers.  Depending on the shape of the park it is also possible the strip of land was preserved to provide some kind of right of way, or contains utilities.

Anyone who decided to unilaterally occupy the land as a garden extension should check the planning situation, as by doing so they could be breaching the planning consent. (not that this kind of occupation is likely to have the effect they believe anyway)

The lack of response from the developer suggests they don't perceive a money making opportunity from selling the land, or they are so swamped with other issues that they haven't had time to deal with it.

So, I would check the planning consent for the development to find the true purpose of the strips of land, and to see if there are any conditions requiring the land to be maintained (or not maintained).

If the JK hasn't spread to adjacent property then the developer won't necessarily have to do anything about it.  But as a council is also a neighbouring land owner (the park) they also have an interest in ensuring the JK problem is stopped before it reaches their land, and councils are more adept at dealing with uncommunicative developers.  So make it their problem, if necessary by complaining to the local councillors, pointing out the costs the council/public will incur if the JK starts infesting the park.

If the developer feels the land has become a burden they are more likely to consider selling it, planning conditions permitting.

NameUnavailable

Write a proper old fashioned letter on paper addressed to the MD and copied to other directors.

courtmc

Thanks for the excellent comments on this. Regarding adverse possession, I think this is a non-starter, at least for me. Maintaining the land to claim the land in 7 years is one thing. But what is really required, are the trees and JK to be dealt with. Aside from the cost, these are two issues I don't believe I can deal with effectively on land which is not mine and without significant cost.

I like the suggestions about contacting the council again, although they washed their hands of it when they realized they didn't own the land, but because they own adjacent land and JK is now part of the problem, pressure from me to the council transferred to Persimmon might be the solution.

As for the land itself, it's between hour back garden and a footpath leading to the park. There is a natural boundary before the land rises to meet the path which is the boundary shown on the land registry maps. It's too small to build a property on or for any other development.