August 27th 2024.
Graham and Katherine, an elderly couple, have revealed that they have exhausted their life savings of £45,000 on legal fees. The reason for this financial setback? A heated dispute with their former neighbor, Wendy Leedham, over a fence that was erected on their shared driveway.
The retired couple, who have been living peacefully in their two-bedroom bungalow for 32 years, were taken aback when Ms. Leedham put up the fence in 2019 without their consent. They immediately sought an injunction to have it removed, as they believed it obstructed the entrance to their property's drive.
The Batesons were adamant that when they purchased their home in 1987 for £29,500, they were informed that the driveway was shared with their neighbor. In fact, they were assured that there was a clear boundary between the two properties that should not be built upon. However, Ms. Leedham had obtained legal advice stating that she was within her rights to erect the fence.
The couple's frustration only grew as the litigation dragged on for three years, until the case finally went to a mediation hearing in November 2021. The ruling of the hearing was that a new deed should be drawn up, aligning the boundary with the fence, thus allowing it to remain in place. Unfortunately, Ms. Leedham had passed away months before the hearing, at the age of 74.
Now, the Batesons are faced with the fear that a new owner of Ms. Leedham's former home, which is currently on the market for £375,000, might replace the fence. The 12-page brochure by agents Sowerbys makes no mention of the fence or the boundary dispute, adding to the couple's apprehension.
Despite their legal victory, the Batesons still live in fear that Ms. Leedham's family might put up another fence in its place. However, their worries were put to rest when a surveyor's report, conducted after the mediation hearing, confirmed that the shared drive and open boundary were indeed part of their property.
In a desperate attempt to resolve the issue, Mr. Bateson took matters into his own hands in September 2022 by taking down the fence. However, this resulted in him being arrested for criminal damage and spending 12 hours in jail without food until midnight on a Sunday.
Fortunately, the charges were eventually dropped in December, as the Crown Prosecution Service deemed it was not in the public interest to proceed. But for the Batesons, the damage had been done. They could no longer afford to continue their legal battle, having already spent their entire life savings.
Both parties were responsible for their own legal costs, and the fence has yet to be rebuilt. Furthermore, the Land Registry has rejected the revised deed, as they were not satisfied with the way the Batesons' signatures were witnessed. This has only added to the couple's frustration and disappointment.
In the end, Graham and Katherine Bateson's retirement plans have been derailed, and they have been left with nothing but the bitter memories of a costly and exhausting legal dispute.
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