In 2008 housing association buys 3 acres of land. Adjoining owner erects a fence along one boundary within the building line of proposed housing development. HA advised that the fence wrongly positioned. There is no clear documentary evidence.
Injunction sought in 2009 for removal of fence. In June 2011 Judge adopts Ordinance Survey practice and rules fence correctly positioned.
The HA must pay its own costs of £45,000 and a contribution of £37,500 to adjoining land owner’s costs. The building scheme must be re-designed and fresh planning permission obtained. Development delayed by four years at total cost of £375,000.
CFJ helps parties agree a practical solution following initial view given to the parties that the position is unclear and open to different interpretations. The adjoining owner accepts an offer of small piece of surplus land at the rear of the site and £15,000 compensation. The boundary agreed in position allowing development to go ahead. HA pays CFJ’s fees of £5,000.