Extending boundaries of garden

Elara29

Hi!

I'd love some advice please!

We have recently moved into a small new build estate, only 8 houses in total. Our house is at the dead end of the estate where there is a small oddly shaped patch of land, currently just mud. It's probably about the size of 3 parking spaces. We would like to adopt/buy a small triangular section at the edge (probably about 8ftx2ft ish) of this land which would allow us to to straighten up our garden which is currently on a wonk. I don't know why the developer didn't just straighten the boundary when they built it but never mind. I have approached the developers and they say they have no objection to this, however they are planning to hand over the management (company) of the estate to the residents for us to manage ourselves.

How do I approach this with the neighbours? I obviously don't want to come across cheeky and expect something for nothing, but also don't want to pay extortionate land prices that is essentially a blob of land that no one can use anyway, and will likely just end up covered in weeds. On this patch of land (not the corner we want), there is a sewage pump and electric meter so the area can't be utilised as anything else. 

Its anticipated that all the residents will need to start contributing annually for the estate upkeep (Street lighting /private sewerage/ hedge cutting)... Do we offer to pay for the 1st year for everyone? As I imagine this will work out cheaper than the price of land. Do we just put an offer out there? Or best case scenario no one cares and they just say move your fence without the mention of money 😂🤞

Advice very much appreciated!

Section62

Elara29 said:

...I don't know why the developer didn't just straighten the boundary when they built it but never mind. I have approached the developers and they say they have no objection to this, however they are planning to hand over the management (company) of the estate to the residents for us to manage ourselves.

How do I approach this with the neighbours? I obviously don't want to come across cheeky and expect something for nothing, but also don't want to pay extortionate land prices that is essentially a blob of land that no one can use anyway, and will likely just end up covered in weeds. On this patch of land (not the corner we want), there is a sewage pump and electric meter so the area can't be utilised as anything else. 

Usually there's a reason why bits of land aren't transferred as part of people's gardens on new build developments - the first person you ask at the developer won't necessarily know the reason.

You need to do some more digging to find out why this land wasn't included in your plot - for example it might be needed for servicing the treatment plant.  Have you checked the planning drawings?

Do this before investing too much time in the legal process of acquiring the land... if there's a good reason why the land is outside your boundary then your plan may not get very far before someone stops it.

A picture or two of the layout would help us all give you better advice.

Belenus

Who owns that small oddly shaped patch of land?

It might not be the developers.

Elara29

Section62 said:

Elara29 said:

...I don't know why the developer didn't just straighten the boundary when they built it but never mind. I have approached the developers and they say they have no objection to this, however they are planning to hand over the management (company) of the estate to the residents for us to manage ourselves.

How do I approach this with the neighbours? I obviously don't want to come across cheeky and expect something for nothing, but also don't want to pay extortionate land prices that is essentially a blob of land that no one can use anyway, and will likely just end up covered in weeds. On this patch of land (not the corner we want), there is a sewage pump and electric meter so the area can't be utilised as anything else. 

Usually there's a reason why bits of land aren't transferred as part of people's gardens on new build developments - the first person you ask at the developer won't necessarily know the reason.

You need to do some more digging to find out why this land wasn't included in your plot - for example it might be needed for servicing the treatment plant.  Have you checked the planning drawings?

Do this before investing too much time in the legal process of acquiring the land... if there's a good reason why the land is outside your boundary then your plan may not get very far before someone stops it.

A picture or two of the layout would help us all give you better advice.

Thanks, good question. It was the director of the development that had no issues with us adopting it, so I'd of hoped he would know. I will go back and ask why it was like this in the first place.

The treatment plant has been serviced and the area we'd like isn't affected by this. I.e no manhole covers etc. No access to the sewerage. We know that the sewerage pipes run under our garden anyway and we have a manhole cover in our lawn.

All being well, I'm still not sure how to approach it with the neighbours. 

Elara29

Belenus said:

Who owns that small oddly shaped patch of land?

It might not be the developers.

It's currently owned by the developer. It's a private estate. But they will soon be transferring the management (company) to all us residents to manage. So it will be down to the other 7 houses to decide if we can have it or not. If we pay for it the money would go to the "company", and obviously be used to pay upkeep for the estate etc

comeandgo

Who will own the land?  Just because the management decisions will be done by property owners it does not always follow they will own the land.  What does your deeds state regarding this land?

Elara29

comeandgo said:

Who will own the land?  Just because the management decisions will be done by property owners it does not always follow they will own the land.  What does your deeds state regarding this land?

It's the management company that own the land. I have double checked with the current directors. So when it gets handed over to the residents, we will all be directors of the company that own the land

BUFF

if the developer currently owns the land & has no issue why can't  they sell it to you before handing over the rest to all estate residents?

twopenny

A developer would have made you a rectangular plot if it was straightforward. It's in their interest to do so and much easier. Think fencing.
There has to be a reason they didn't.
So you need to keep digging, maybe with local knowledge, access or rights under something other.
I've got part of my garden screened off for a badger run. That doesn't appear on the deeds or builder's info. I've known some that are to do with otters and ancient mining.
Local history of that spot? Neighbours in more established housing? You need to get networking before you go ahead.

Section62

Elara29 said:

The treatment plant has been serviced and the area we'd like isn't affected by this. I.e no manhole covers etc. No access to the sewerage. We know that the sewerage pipes run under our garden anyway and we have a manhole cover in our lawn.

The 'servicing' I had in mind were all the operations that would be needed in the lifetime of the plant, plus replacement in due course.  This would require more land than the area the plant occupies, and includes things that are a lot more extensive than annual 'servicing'.

Is the plant's maintenance under contract to someone?  Have you checked with them (and e.g. with the Environment Agency) what the long-term requirements are?

SootySweep1

Hi
What would happen to the land if you didn't adopt it ? Would your management group have to maintain it? I'd wonder whether if it's  better that it belongs to someone so its maintained rather than just left to become overgrown.
Is the land any use to anyone else? 
Have you checked that it doesn't belong to your house and the developer has put the fence in the wrong place ?
Jen