Residents in a Midlands street risk having the land they believed to be their garden seized if they do not pay for it. Homeowners in Doncaster Grove, Long Eaton, were 'disgusted' to learn they had been 'effectively trespassing' for decades because they do not own much of their extensive gardens, which back onto an offshoot of the River Erewash and the Manor Farm and Toton Fields nature reserves.
Council Threatens Seizure
Erewash Borough Council sent letters to dozens of homeowners two years ago, stating it was entirely within its rights to seize the land and bulldoze existing structures. Those who have lovingly tended to their gardens for years, adding patios, fruit trees, sheds, workshops, and greenhouses, were told they could either pay a monthly rent to lease the land, buy it outright, or relinquish control.
According to the council, it has owned the land since 1995 following a land transfer with neighbouring Nottinghamshire authority Broxtowe Borough Council, which already had an agreement for residents to rent the rear garden plots. Residents attempted to buy the plots from Erewash Borough Council in 1996, but this request was rejected, and £25 annual leases were installed.
Current Situation
The council has stated that 34 of 35 houses extended into the council's land, but only 14 did so via a licence with up-to-date payments. Two had arrears of more than a year, while 18 homeowners used the land without a licence. The council said: 'Those without licences are in effect trespassing and have unauthorised use of the land.'
A meeting this week heard that 11 existing licences have been terminated. Three homeowners have agreed to buy them outright, and two homeowners have said a neighbour would buy their plots. Two more have agreed to buy in phased payments, two have agreed to rent their lots, and one property has been sold on Rightmove with the listing detailing that part of the rear garden was in council ownership.
Those wishing to purchase would need £1,500 for a 30-square-metre plot, £3,500 for a 70-square-metre plot, and £10,000 for a 200-square-metre plot.
Council's Decision
The council has ruled out cancelling the licences and reclaiming the sites by asking homeowners to restore the original fence lines, warning this could incur costs of up to £20,000, alongside potential reputational damage, protests, resistance, and possible legal action. However, it opted to end existing licences to introduce new ones, which it could also raise as it deemed fit. Homeowners who have not engaged were set to receive a final reminder letter this week.
Residents' Reactions
French teacher Carol Haddad, who moved to the road in 2004, had no idea she did not own her whole garden until the 2023 council letter. The 51-year-old said: 'It has been a very upsetting process. I did not know at all and I am angry and frustrated. The land can't become building land but they won't listen to our views. There are elderly people, single parents, and people from all different backgrounds living here, and they (the council) just want money to fill their budget. This has been hanging over our heads for years now and it hasn't been solved and the threatening letters and communication from the council has just not been fair – it is just not right.'
An elderly resident who has had a licence to rent the garden space since moving in 38 years ago said: 'I would rather buy than rent but it is just so unfair on people. Not everyone is able to afford to buy it, the council shouldn't be allowed to do this. They are extorting people really. It is a flooded area, it was three feet under water in Storm Babet and they are just trying to squeeze money out of people. It is very upsetting.'
Care worker David Woodhouse, 52, also had no knowledge that he did not own half of his garden. He said although he was 'willing to pay', he wanted the land sold at a 'reasonable price'. He added: 'People don't have this kind of money in the bank. They have spent a lot of money sorting their gardens out and maintaining fantastic fruit trees, greenhouses, sheds, and outhouses, and we could have all of this taken away from us.'
Council's Response
A council spokesperson said: 'Erewash Borough Council must manage public assets responsibly to ensure value for all taxpayers. To support Doncaster Grove residents, we have offered flexible options to make their land use official. This includes purchasing at heavily discounted rates, reflecting flood risks and restricted use as well as staged payments, or licensing agreements. We have engaged directly with householders to ensure transparency. Some residents have already accepted these fair terms and are proceeding. There is no obligation to participate; the choice to put their use of the land on a legal footing remains entirely with them.'
