Achieving settlement in a neighbour right of way dispute

Paul was directly instructed by a householder facing an application for an injunction to allow a neighbour to cut down a 150-year old Hornbeam tree and to construct a drive across the client’s garden.

The client’s land was subject to a right of way for the neighbour as well as a covenant to allow the construction of the drive, but there were disputes as to the precise route and width of the right of way/drive and whether construction of the proposed drive would expose the client to prosecution for breaches of planning controls.

A settlement was achieved requiring the neighbour to install a temporary drive pending determination of the disputed issues. [LC1] Following legal arguments, the neighbour’s lawyer’s claim for costs in excess of £10,000 was rejected by the Judge – who allowed them only £825.