Friday - March 13, 2009

Access road dispute takes expensive route to High Court.  (don’t pass this one by)

Sure, I know at first glance you’ll think huh?  Who cares?  But really. For something I doubt any American can understand, this might be a funny read.
But ONLY to us.  For Brits who live with this and do know about it, I’m pretty sure it’s business as usual.  But it sure looks BONKERS to me.

Hey .. we don’t have this anywhere in USA, do we?  If we do, I never heard of anything like it and I’ve been around awhile.

Now then, I am familiar with something here called “infilling.” That’s where you may own a home with enough property to have another house built. So, you might sell off part of your property with approval from the city of course.  But with space being what it is here, I have seen as many as three homes with just one driveway. 

How in heck can anyone

Neighbours’ access road dispute takes expensive route to High Court

March 13, 2009
Jack Malvern

Wealthy neighbours who once enjoyed a close relationship have gone to the High Court to argue over a trellis in a case where legal costs are estimated to run to hundreds of thousands of pounds.

Simon and Sarah Baynes Clarke allege that their neighbours have attempted to prevent them accessing their home by car between the hours of 10.30pm and 7.30am, while Michael Corless and his wife, Joanne, say that they have been covertly photographed going about their daily business.

Mrs Justice Proudman was told that both couples purchased their detached homes in Carmelstead Close, Haywards Heath, West Sussex, in 2001 for about £575,000 each. Mr and Mrs Baynes Clarke bought South Heath, and Mr and Mrs Corless North Heath. The access road serving both houses and a third property, Carmelstead, was retained by a property development company. The road was sold to Mr and Mrs Corless for £3,000 in 2004.

(Just so we’re clear on this. Other reports say “driveway.” But no matter as this apparently is the same thing. And these homes for BMEWS readers info, are in the area of MILLION DOLLAR HOMES!  How do places like this get one access road?  Oh yeah one other thing. Million dollar houses here do NOT mean mansions of the rich and famous. Often, far from it. Very far. )

Paul Stafford, for Mr and Mrs Baynes Clarke, claimed that, during negotiations for the sale of the access road, Mr Corless had deliberately kept his neighbours in the dark about what was going on, despite earlier talks between the neighbours in which Mr Corless had suggested that a management company be set up by the owners of the three properties to control the road.

Mr Stafford is asking Mrs Justice Proudman to order that the access road is held by Mr and Mrs Corless for themselves and their neighbours, as well as the owners of Carmelstead, on constructive trust.

But Timothy Morshead, for Mr and Mrs Corless, told the High Court there was never an agreement that could be binding.

He alleged that Mr and Mrs Corless’s lives had been made a misery ever since they informed Mr and Mrs Baynes Clarke — whose daughter once babysat for Mr and Mrs Corless — that they had bought the road.

As Mr Baynes Clarke stood in the High Court witness box, Mr Morshead told him: “The fact is, you are determined to punish Mr and Mrs Corless for what you see as their un-neighbourly conduct, regardless of what it takes.” Mr Baynes Clarke, who works in the construction industry, denied the accusation.

Mr Morshead said that Mr and Mrs Baynes Clarke had presented to the court 350 photographs of Mr and Mrs Corless, including pictures of Mr Corless filling up a watering can with a hosepipe and putting compost on bushes.

But Mr Baynes Clarke said the photos showed Mr Corless flouting a hosepipe ban and throwing away rubbish, adding that his neighbour “took pleasure” in dumping garden waste in front of the Baynes Clarkes’ property.

The Baynes Clarkes are also complaining about a wooden, self-supporting trellis, put up by Mr and Mrs Corless, which they say has been nailed to their fence.

The trellis, which Mr and Mrs Corless say they erected in response to the construction of decking that overlooked their property, has already been the subject of a planning appeal, Mr Morshead said. Mr and Mrs Baynes Clarke are insisting that it be reduced from 3m (9ft 9in) to 2.2m.

The Baynes Clarkes also object to Mr and Mrs Corless having put up goalposts and basketball nets on a turning area in the access road.

Mr Stafford alleged that in 2007 the Corlesses wrote to their neighbours, seeking to enforce a 10.30pm to 7.30am curfew and telling them that, if they wanted to use the road outside those hours, they had to seek permission.

The hearing continues.

DRIVEWAY ACCESS

Just happen to notice again the date these homes were bought. 2001. That means in American dollars they went for WELL OVER ONE MILLION.

Posted by peiper     on 03/13/2009 at 01:36 PM   
Filed Under: • Daily Life • UK •  
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