fbpx

Trouble With the Neighbours? See a Lawyer Before It Gets Out of Hand!

16th January 2020 By

One secret of a happy life is to get on well with your neighbours and taking legal advice is often the best way of defusing rows before they get out of hand. The point was resoundingly made by a case in which escalating boundary and right of way disputes between homeowners took on the proportions almost of a state trial.

The case concerned a house and a cottage which were both accessed via a narrow drive. The owners of the house objected after the cottage owners removed a fence, enabling them to park their car in their garden. The latter were equally incensed when the house owners took to parking their car in the bell mouth of the drive.

Following a trial, a judge made findings about the precise location of the boundary between the properties. He ruled that the cottage owners were not entitled to park their car in their garden, that the fence had been wrongfully removed and that the house owners were entitled to reinstate it at the cottage owners’ expense.

The cottage owners’ vehicular right of way over the drive was found only to extend to loading and unloading, save in respect of vehicles narrow enough to pass through their garden gate. The house owners, however, did not have things entirely their own way: the judge rejected their arguments on certain boundary issues and found that they were not entitled to park their car in the bell mouth on the basis that that impeded the cottage owners’ safe access to the drive.

Both the cottage and house owners were dissatisfied with the outcome of the case and challenged aspects of the judge’s ruling. In dismissing their appeal and cross-appeal, however, the High Court found that the judge was entitled to reach the conclusions that he did on the evidence and upheld his ruling in its entirety.

Source: Concious

Latest News

Award That Requires Borrowing Made Into Court Order

17th May, 2024 By

Disagreements between separating couples all too often result in litigation that substantially reduces the assets available to them, as was illustrated by a case that recently reached the High Court. At issue was whether awards made by arbitrators in financial remedy proceedings can be made into court orders even if that would require one of the parties to borrow money. The couple had previously had a relationship lasting a few years before resuming their relationship in 2015. They had two children before separating again in 2019. Following their separation, the...

Inheritance Disputes – Costs Risks Can Be Reduced

15th May, 2024 By

Arguments about what someone promised before their death can lead to significant legal costs. However, if faced with a claim against the estate, there may be steps the beneficiaries or executors can take to reduce the risks, as a recent High Court case illustrated. A man had left a farmhouse and agricultural land in Cornwall to his wife, with whom he had also jointly owned a neighbouring area of land. After his death, one of the couple's daughters and her husband claimed that he had told them he wanted them...

Share Rounding Error Does Not Prevent CGT Relief

13th May, 2024 By

There are often very specific rules that must be complied with in order to claim tax reliefs, but if a small mistake arises, the courts may be able to provide assistance. In a recent case, the First-tier Tribunal (FTT) found that an investor was entitled to Entrepreneurs' Relief on the disposal of his shares in a company, despite owning one share fewer than he needed to qualify for it. The investor had agreed to purchase 5 per cent of the shares in the company for £500,000. He wished to own...

Wife Entitled to Maintenance Until Sale of Family Home

10th May, 2024 By

When divorcing couples disagree on how assets should be divided, the courts will seek to arrive at a fair outcome for both parties. In deciding how the proceeds of sale of a former couple's home should be apportioned, the Family Court agreed with the wife that she should receive maintenance payments until the sale took place. The couple had married in 2006. Following a brief separation, they had reconciled for two years before finally separating in 2022. The husband and wife both contended that they should be entitled to about...