A couple fights with a neighbor-millionaire because of the fence (6 photos)
A married couple from Suffolk is trying to sue neighbors for 160,000 pounds sterling over the fence. The couple call their neighbors "monsters" and complain that the fence put up by the opponents prevents them from entering the house.
Gary and Kerry Hambling, 48 and 44, bought a country house near Polstead in Suffolk in 2015. Their dream home boasts four bedrooms, a garden, a private stable and a field of about hectares, located opposite the road owned by neighbors - Harry and Jenny Wakerley.
In June 2017, Wakerley installed a dense wooden fence along edges of your driveway and along one side of your front garden Hamblings. This is where the feud began.
Hamblings claim that because of the fence they can't use the front door, it blocks the view of the field from their living room and makes the first floor of their house darker. In addition, now they can get access to your field only by walking along a busy road, which is on the other side of their £600,000 house sterling. They also claim that the fence destroyed their property. for £100,000, and call the actions of their neighbors "deliberately and uncomfortably hostile."
The Hamblings previously received permission to use the driveway Wakerley to get to and from his field on the basis of law access granted in 2001. But Wakerley decided to block driveway after the conflict due to the Hamblings' plans to turn part of their field, which was previously used for training horses, in car park for vans and trucks.
The Hamblings sued Wakerley in September 2021, and the judge Norwich District Court Karen Walden-Smith ruled in favor of Wakerley, allowing them to leave the fence. This decision was based on the wording of the 2001 Access Rule, which stated that the Wakerley access road can be used "to access the field, and not to the cottage. However, the Hamblings challenged this conclusion in the Supreme Court. court, and their lawyer, Dermot Woolgar, stated that Ms. Walden-Smith misinterpreted the wording.
According to the lawyer, the Hamblings had the right to use the road and to enter their house from it if they were walking along the road to their field or went to cottage for reasons related to activities on the field.
“The question is whether it is allowed to use the right of way only to the highway and off the highway or also to the cottage from the field and from the cottage to field, - said the lawyer. - In any case, Mr. and Mrs. Hambling claim that the right of way can be used to drive to the cottage and back for purposes that involve the use of the field."