Neighbours’ land row ends in court

A COUPLE have been ordered to pay their neighbours thousands of pounds after a battle over land ownership ended up in court.

Nathan and Bethan Edgeworth have been involved in a land dispute with their neighbours for a number of years.

The couple, of Clos Springfield, Talbot Green, claimed their neighbours, Vaughan and Karen Manley, took land that wasn’t theirs.

During a three-day hearing at Cardiff Civil and Family Justice Centre, the court heard the Edgeworths bought their home as first-time buyers eight years ago.

They were aged 24 and 23 at the time.

But on March 13, 2010, they discovered a man putting a fence on their land.

Giving evidence at court, Mr Edgeworth said: “We visited the property on March 13 and Mr Manley started erecting the fence.

“This area was ours when we bought the property.”

The court heard the land had been transferred to previous owners of the Edgeworths’ property, but it was suggested these changes were unclear within plan documents.

Andrea Coombes owned the Manleys’ property when this transfer was made.

She bought the investment and let tenants.

Giving evidence at court, she said she gave “a strip” of land to a couple referred to as the Williamses in 2004 to enable them to be able to use their driveway properly.

Ms Coombes, who drew up the transfer, was also involved in transferring another two parts of land from the Williamses to her and her partner.

Ms Coombes said: “Ms Williams was complaining about not being able to get out of her car. “I was to give her a bit of extra land. “I did it so they would be able to use the driveway.”

The court heard when he was finalising property as an it out to various the house purchase, Mr Edgeworth visited Mr Manley to inform him that he may receive a letter from his solicitors explaining his rights to a private lane even though he was happy for it to be used by others.

Mr Edgeworth said: “I wanted to introduce myself as a new neighbour and I explained I did not want anyone to get upset.”

But Mr Manley, who has lived on Clos Springfield since 2009, claimed this was not the case.

Mr Manley said: “He said he wouldn’t stop me from using the lane, but he could.

“All I have done is put a fence up on my boundary.

“I have never had any problems with neighbours before. Everyone got on.”

Richard Kember, representing the Manleys, claimed Mr Manley said the fencing “was not put up in spite”.

Mr Kember said: “There was nothing untoward about it.”

Representing the Edgeworths, Matthew Cannings suggested the evidence provided by Ms Coombes was “important” and should be taken into consideration.

He said: “She attended court with nothing to gain and will not benefit from this in any way.”

Concluding the case, Recorder Treverton-Jones, said Mr Manley erected the fence expecting to claim land that he did not own.

He said: “Mr Manley has taken land illegally and must now give it back. The plan is clear and shows the land belongs to Mr and Mrs Edgeworth.

“It seems to me that Ms Coombes was clear in the handwritten message on the plan she wrote.

“I can well understand how difficult it must have been not to be able to use the driveway properly.”

Mr Manley was ordered to pay £3,000, plus interest, to the Edgeworths for the lack of use to their driveway.

He also has to remove the fencing from the area and must cover all legal costs.