Cheshire Boundary Dispute Costs 500,000

Two well to do couples have spent in the region of half a million pounds on a poisonous dispute over a "muddy ditch" between their properties.

Entrepeneur Richard Gilks has insisted he has the right to cross the ditch and drive along the track to their Mobberley property and it's 5 acres of land.

However their neighbours, Adrian and Joanne Hodgson, had suggested the Gilkses were breaking the law by using the ditch as a cut through.

The Hodgsons breed Alpacas and Wallabies and are concerned that their animals are disturbed by motor vehicles.

At the Appeal Court in London the Hodgsons are asking that a ruling be made that states that the Gilkses neither own the whole ditch nor have any right to drive over it.

Lord Justice Bean commented, 'This case is about a patch of land a few feet either way. What are the costs in the case so far? Half a million? I imagine that the disputed right of way is worth rather less.'

The court heard that both the Gilkses and Hodgsons properties were originally one peice of land which was divided and sold separately in 1950.

Whilst the Gilkses scored a legal victory at Manchester County Court the Hodgsons are challenging matters in the High Court.

The suggestion is that the Gilkses property boundary lies in the middle of the track and that that entitles them to drive over the ditch.

Lord Justice Clarke, asked the lawyers for both parties, 'What is so special about it?'

In reply lawyers for the Gilkses said, 'Using the way for the purpose of travelling to and from the closest town of Wilmslow gave rise to a significantly shorter journey than would have been the case had that same journey been made using the public highway.'

The judges have reserved their decision until a later date.

If you are considering purchasing a property in Wilmslow, contact our Conveyancing team on 01625 522 429 for advice.

Richardson Law

Conveyancing & Property Solicitors