Residents face court in dispute over land
Published Date:
21 August 2008
By John Baker
Spalding residents are being threatened with court action over ownership of a strip of land they have tended for eight years.
Jelson Homes is contracted to allow adoption of the 1.8-metre wide strip across the front of six properties on Shackleton Close by Lincolnshire County Council.
Jelson representatives claim the service strip has always been the developer's since the homes were built eight years ago.
But the house occupants are angry that they have maintained the strip and are disputing the boundaries, claiming that Jelson should have told them the land was not theirs when they bought the houses.
The strip was measured out by contractors last month for Jelson but resident Shayne Hubbard pulled out the pegs because he was not present when they were taken.
The argument has been rumbling since March and Jelson's solicitors are now threatening a court injunction against some of them unless the residents let them complete the work.
Mr Hubbard, who lives with wife Alison, said: "Whether they are right or wrong about owning the land, for them to come back eight years later and do this is unacceptable.
"What use would this strip of land be to them anyway? If anything they should lay pavement there, rather than pulling up turf to lay more turf."
The land is being adopted now because some parts of the Flinders Development are still being finished.
The residents became aware of potential problems last summer, when they arrived home to find a row of "boundary marker" bricks along their gardens.
Jelson told them these should have been in place when the properties were completed.
Mr Hubbard's next door neighbour Simon Lewis said the work will damage trees, landscaping and lower fencing.
He added: "It's a matter of common sense. It will cost money to remove the land, keep it, compensation – why don't they just let it go?"
Jonathan Wheeler of Spearing Waite solicitors, representing Jelsons, said he had received no letters from lawyers arguing the residents' case. He is urging them to seek legal advice.
He said: "The adoption of these roads will be for the residents' benefit because if someone tripped on that land they would be liable for it. The council would be happy to have grass there as long as there are no obstructions. We had another close nearby where the same thing happened and there were no problems."
The full article contains 405 words and appears in Spalding Guardian newspaper.
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Last Updated:
21 August 2008 1:52 PM
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Source:
Spalding Guardian
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Location:
Spalding