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Adjacent Developer’s land

2

Comments

  • silvercar
    silvercar Posts: 49,853 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Is your brick wall, of the house and rear garden, your boundary?

    if so, what right of access do you have?
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • elsien
    elsien Posts: 36,424 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 September at 8:51AM
    If the brick wall is your boundary, then what you feel they needed to do and what they feel they wanted to do are two different things. And is their decision to make. 
    You wanted them to address the mess and they have,
    If you own any of the strip of land between the brick wall and their land  then simply put your own fence/boundary marker up, 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Section62
    Section62 Posts: 10,154 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    elsien said:
    If the brick wall is your boundary, then what you feel they needed to do and what they feel they wanted to do are two different things. And is their decision to make. 
    You wanted them to address the mess and they have,
    If you own any of the strip of land between the brick wall and their land  then simply put your own fence/boundary marker up
    ...subject to obtaining PP, if necessary.

    They've only done 'wrong' if this area was part of a 'landscaping plan' as part of the original planning consent and they are still within the timeframe they were required to maintain it in accordance with the plan.

    There may be an element of "let's deal with this once and for all" involved.
  • Albermarle
    Albermarle Posts: 28,708 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Section62 said:
    elsien said:
    If the brick wall is your boundary, then what you feel they needed to do and what they feel they wanted to do are two different things. And is their decision to make. 
    You wanted them to address the mess and they have,
    If you own any of the strip of land between the brick wall and their land  then simply put your own fence/boundary marker up
    ...subject to obtaining PP, if necessary.

    They've only done 'wrong' if this area was part of a 'landscaping plan' as part of the original planning consent and they are still within the timeframe they were required to maintain it in accordance with the plan.

    There may be an element of "let's deal with this once and for all" involved.
    I thought that as well.
    They probably decided they did not want to come every year to trim the bushes, and have made the area more low maintenance .
  • Section62
    Section62 Posts: 10,154 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Section62 said:
    elsien said:
    If the brick wall is your boundary, then what you feel they needed to do and what they feel they wanted to do are two different things. And is their decision to make. 
    You wanted them to address the mess and they have,
    If you own any of the strip of land between the brick wall and their land  then simply put your own fence/boundary marker up
    ...subject to obtaining PP, if necessary.

    They've only done 'wrong' if this area was part of a 'landscaping plan' as part of the original planning consent and they are still within the timeframe they were required to maintain it in accordance with the plan.

    There may be an element of "let's deal with this once and for all" involved.
    I thought that as well.
    They probably decided they did not want to come every year to trim the bushes, and have made the area more low maintenance .
    Yes, councils are doing the same kind of thing.  Properly maintaining a border like that (weeding/trimming) would probably involve two workers +van for half a day twice a year, as a minimum.

    A triple mower could cut that area in about a minute over and above the time already taken to cut the adjacent grass, plus some occasional strimming/weedkiller around the edges.
  • jimbog
    jimbog Posts: 2,274 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Is it possible they are looking to build on that land? 
    Gather ye rosebuds while ye may
  • elsien
    elsien Posts: 36,424 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Section62 said:
    elsien said:
    If the brick wall is your boundary, then what you feel they needed to do and what they feel they wanted to do are two different things. And is their decision to make. 
    You wanted them to address the mess and they have,
    If you own any of the strip of land between the brick wall and their land  then simply put your own fence/boundary marker up
    ...subject to obtaining PP, if necessary.

    They've only done 'wrong' if this area was part of a 'landscaping plan' as part of the original planning consent and they are still within the timeframe they were required to maintain it in accordance with the plan.

    There may be an element of "let's deal with this once and for all" involved.
    Why would they need planning permission to put a fence up on their own boundary? Just out of interest. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Section62
    Section62 Posts: 10,154 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    elsien said:
    Section62 said:
    elsien said:
    If the brick wall is your boundary, then what you feel they needed to do and what they feel they wanted to do are two different things. And is their decision to make. 
    You wanted them to address the mess and they have,
    If you own any of the strip of land between the brick wall and their land  then simply put your own fence/boundary marker up
    ...subject to obtaining PP, if necessary.

    They've only done 'wrong' if this area was part of a 'landscaping plan' as part of the original planning consent and they are still within the timeframe they were required to maintain it in accordance with the plan.

    There may be an element of "let's deal with this once and for all" involved.
    Why would they need planning permission to put a fence up on their own boundary? Just out of interest. 
    Examples could be permitted development rights removed, or a condition requiring the whole of the area in front of the walls to remain open.

    If there is truth in what the developer said about a planning condition (effectively) preventing them selling to the OP then it seems the appearance of this area is important to the local community/council and therefore there could be opposition to the land being enclosed by a fence.

    That said, it would be a little out of the ordinary for a planning condition preventing land being sold (rather than controlling how the land is used) so I'd say it is far from certain what the full situation is.
  • Fig12
    Fig12 Posts: 29 Forumite
    Second Anniversary 10 Posts Name Dropper
    silvercar said:
    Is your brick wall, of the house and rear garden, your boundary?

    if so, what right of access do you have?
    Yes I understand that my wall and the garden wall are my boundary. Access to the window ? You know I don’t know , formally . Window cleaners and decorators just go round there as needed. 
  • Fig12
    Fig12 Posts: 29 Forumite
    Second Anniversary 10 Posts Name Dropper
    user1977 said:
    Why do you think you have any right to control what they have planted on their own land? Is there anything in your titles about it?
    Only because it’s affected my privacy in my home . I need to check my titles , I presume this would be via my lender ? 
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