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Garden grievance in Essex neighbour dispute

24th December 2013

The neighbour dispute involves contested ownership of three “modest” pieces of land, which one couple believes form part of their garden and the other couple attests are part of their 800 acre estate in Stock, Essex.

In the first instance Judge Patrick Maloney QC visited the disputed land, alongside two property valuation experts, and later ruled in favour of the couple with the estate.

However, the dispute went on and in the Court of Appeal three top judges ruled that Judge Maloney had not given the couple with the now reduced-sized garden a fair hearing.

While one piece of land has been legally attributed to the estate, ownership of the other two pieces of land is still under dispute and Lord Justice Kitchin, sitting with Lords Justice Rimer and Christopher Clarke, said that Chelmsford County Court would now have to rehear the boundary claims to the other two plots.

Lawyers for the couples have not commented on the boundary claims.

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