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Formby legal row over driveway gates finally gets resolved.....
A lengthy and expensive legal row between the Heslins and the Bradleys has been resolved
No.40 Freshfield Road, pictured left, which shares its entrance driveway with No.40a, not pictured, and the gateway that's at the centre of a dispute between the two neighbours in Formby, Merseyside.
A neighbour dispute over a set of shared gates was resolved after two couples ran up huge legal fees fighting each other in court.
The gates, which provide access to the Formby homes of both the Bradleys and Heslins, led to a High Court battle that was even deemed unnecessary by the judge overseeing it.
Now the Bradleys - who say they felt “no alternative” but to pursue an expensive legal battle - are claiming victory and say they feel “vindicated” by their success.
Martin and Rosemary Bradley, both doctors, have spent years disputing the use of the gates they share with Peter and Marianne Heslin.
The Bradleys, who have lived on Freshfield Road since 1986, wanted to keep the gate shut at all times to better secure their home.
But that was considered a “serious inconvenience” and “an obstruction” by the Heslins, who moved into the bungalow next door in 2006.
Gate war! High Court battle over whether gates on Freshfield Road, Formby should be open or closed set to cost two families thousands of pounds in legal fees
They complained they had to stop their car and open the gate every time they wanted to enter or leave their home.
According to the judge, Mr Justice Norris, the battle was taken to the courts in August 2012 when Mr Heslin “simply padlocked the northern gate open and refused to allow the Bradleys to shut it”.
Before the judgement the Heslins said that legal fees had already cost them £50,000 - even though they initially offered to pay a far smaller sum for electric gates that would have solved the issue.
But despite their efforts Judge Norris ruled in favour of the Bradleys, ordering the Heslins to pay a “significant proportion” of their costs at a hearing on Monday.
In a statement released on their behalf, the Bradleys said: “We are extremely pleased with the judgment and the order that the Heslins pay a significant proportion of our costs.
“In his judgment, High Court judge Mr Justice Norris established both that we own the gates and the gateposts and are entitled to open and close the gates for all purposes connected with the reasonable enjoyment of our property (subject to not substantially interfering with the Heslins’ rights). Our neighbours, the Heslins, were not entitled to padlock the northern gate open and deny us use of our gates for over 18 months.
“We had sought to resolve the matter on a number of occasions without going to such lengthy proceedings but ultimately felt that we had no alternative but to seek a court determination.
“The last few years have been tough but we feel entirely vindicated and are relieved the matter is over.”
Judge Norris had previously revealed his frustration at the case, bemoaning the fact judges cannot force “truly unwilling” neighbours to compromise.
He said: “This entrenchment of positions is a regrettable characteristic of neighbour disputes... the law expects neighbours to behave reasonably towards one another.
“The court cannot write a rule book for what may or may not be done in every eventuality”.
Mrs Heslin, 67, said: “I really despair. We feel we’ve been completely abandoned by the law. This was all completely pointless. Originally all we wanted was to have electric gates. It has been a real uphill battle.”
Commenting on her husband’s health since the row started, she said: “Peter’s really suffered because of his irregular heart beat and blood pressure. This has only come about because of this stress.”
The Heslins are considering moving away if they can sell the property and are waiting to hear the final amount they will be ordered to pay.
Story and Photo Source: Liverpool Echo
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