Partner and neighbour dispute expert, Liam Waine, secured a positive outcome for a client of Stephensons at the Court of Appeal and put an end to a property dispute lasting in excess of ten years.
The client of Stephensons was denied access to inspect and maintain their gas and electricity meters for over ten years by their neighbour. In this instance, both meters had been placed in the boundary wall separating the two homes and could only be viewed from the neighbouring property.
The owners of the neighbouring property, where both the gas and electricity meter were placed, stated that Stephensons’ client had no right to go onto their land to inspect the meters or to take down any readings. They also felt that the erection of a gutter on an extension to the client’s house should not hang in the airspace of their property, despite the client having a legal right to do so.
Following the Court of Appeal hearing, Lord Justice Longmore and Lord Justice David Richards found in favour of Stephensons’ client and upheld the previous judgment.
“We are glad to have been able to secure this outcome for our client. However, this is the culmination of events occurring over the past 14 years. Neighbour disputes can be one of the most emotive as well as lengthy proceedings in civil law and the emotional toll taken cannot be underestimated. Due to the wide variety of land ownership models in use in England and Wales and complexities of the law, seeking the advice of a solicitor on the onset of a neighbour dispute is vital,” Liam Waine, Partner, Stephensons.
The case was previously heard at the County Court of Manchester where a judgment was handed down in favour of Stephensons’ client. The owners of the neighbouring property appealed this judgment. The full judgment at the Court of Appeal can be accessed here.