Richard Harris received an Oscar nomination for his performance in The Field (1990).
The High Court in London recently considered an application for an interim injunction in a neighbour dispute even Albus Dumbledore would have struggled to resolve.
Background
The Claimants owned Sunhill House in rural Sussex, which they sold to a third party in March 2024. The Defendants live in the neighbouring Rystwood Lodge. Between the two properties is ‘the Field’, still owned by the Claimants, which they are keen to sell. The only vehicular access is a right of way over the Drive to Rystwood Lodge.
The Defendants don’t want the Field to be developed for housing. This is not the stated intention of the Claimants, but the Defendants are concerned that any new owner may take a different view. Previous negotiations to buy the Field and relations between the neighbours broke down. The Defendants have since raised numerous disputes.
In June 2023, a settlement was agreed upon at the County Court. The “full terms of the right of way” are as set out in a 1967 conveyance, with the owners of the Field having a “full right of way” (pedestrian and vehicular) over the whole of the Drive up to the boundary of Rystwood Lodge “for the purpose only of the use of [the Field]” subject to the owners contributing to the upkeep of the Drive. The title for Rystwood Acre requires the Defendants to contribute 50%. The contribution from the Claimants was not defined under the 1967 conveyance.
The settlement didn’t last long, and the Defendants soon raised further issues, including:
- Maintenance of the fence between Rystwood Lodge and the Field
- An easement of drainage over the Field to access a disused cesspool
- Objecting to any utilities connecting to their pipes and cables
- The maintenance contribution should be 50% from each property
- A new fence erected by the Claimants deprives them of light and constitutes a private nuisance
The Claimants countered with a complaint of harassment, seeking an interim injunction.
Judgment
The judge granted the interim injunction and prohibited the Defendants from contacting the Claimants and certain third parties other than through the Claimants’ solicitors.
Comment
Neighbour disputes can get out of hand. What one party considers reasonable can escalate into behaviour construed as harassment. Maintaining civil and reasonable communication is paramount.
For more information about this article or any other aspect of property disputes, get in touch with your Napthens Solicitors in Preston, Fylde Coast, Kendal, and across the North West, today.
