Owning green open space

R Richards

Registered User
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1
We live in a cul-de-sac which has 4 houses that circle around a small green. The road circles the green and separates the houses from it, other than ours as we are at the end of the road. So our front door opens out onto the green. It is like our front garden.

No one ever uses it and we have always maintained it (mainly cutting the grass). We have contacted the council and the developers to find out who owns it and whether they should be the ones maintaining it. After nearly 12 months of letters, phone calls and e-mails the developers have finally confirmed they own the land. To our surprise they have offered to sell it to us for £1 as long as it remains as a 'green open space in perpetuity'.

I have 2 questions:

1. Does the developer have to maintain the land i.e. if we said we didn't want the land would we then be able to ask them to maintain it?

2. What is the legal definition of 'green open space'? Do we have to ensure the public have access or could we fence it off or make it into more of a garden if we wanted to.

Thanks.
 
Factors to consider:
  • If you have to maintain public access, would you be liable if someone had an accident while on the land
  • If you sell your property in the future will a buyer be put off by being legally responsible for this green space
  • Did the planning permission for your estate stipulate a certain percentage of green space which would be breached by closing off the piece of land.
 
It would appear that OP is located in the UK. As this is an Irish consumer site, bye-laws and legal systems will differ so be cautious about any opinion expressed here.
 
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