July 07, 2010
Two Durham neighbours are battling through the nation’s highest courts after a tiff over who owns a local stream escalated to new levels.
Ownership of the stream, which runs through Cotherstone, County Durham, is being hotly contested by Gillian Hodgson and her new neighbours Ian and Diane Pennock.
Mrs Hodgson, who has lived at her Kalmara home since 1993, launched her challenge after the Pennocks built a stone wall along the stream’s southern bank. She maintains that both banks are part of her property and within her boundaries.
“This whole process has made life very hard but it’s not my doing – I’m only sticking up for my rights,” said Mrs Hodgson.
Meanwhile, the Pennocks claim the wall marks the boundary of their land, mounting their own challenge for trespassing after Mrs Hodgson was recently found wading in the stream.
After a hearing at Newcastle County Court in July 2009, a High Court judge found in favour of Mrs Hodgson, ruling the boundary lay along the line of a now defunct post and wire fence which ran just to the south of the stream in 1993.
Mr and Mrs Pennock are now challenging that ruling at London’s Civil Appeal Court, arguing that a plan attached to a 1993 conveyance showed the boundary running along the stream and that the waterway passed into the couple’s ownership when they bought the plot in 2005.
The couple’s solicitor also maintains that Mrs Hodgson “stood by and did nothing” while the wall was erected, announcing no objections in its construction.
After several hours of legal argument, Lord Justice Mummery, Lord Justice Longmore and Lord Justice Wilson have now reserved their judgement and will rule at a later date.
Every homeowner has a right to defend their property and any encroachments which may occur. But, determination to halt advances can often results in boundary disputes between neighbours.
Speaking to property and conveyancing solicitors can help decipher whether you can launch or defend a boundary dispute and offer you greater protection of your property rights.
