Earl Wins Court Battle Against Traveller Site Owner Over Disputed Woodland
A wealthy aristocrat has successfully defended his claim to a woodland tract in Wiltshire against a local traveller site owner who asserted ownership and threatened to occupy the land with force.
Fourth Earl of Inchcape, Kenneth Mackay, 83, has won a High Court battle against traveller site owner Leeroy Johnstone, who had claimed ownership of a portion of woodland adjacent to the Earl's Wiltshire estate and began fencing it off. Mackay incurred over £100,000 in security costs, including hiring dog-handler guards and installing surveillance cameras, to protect his property.
Johnstone reportedly threatened to bring "50 people and 15 dogs to the woodland...to fight them" during a confrontation with the Earl's security personnel in July. He also claimed to have purchased the land from a farmer. Johnstone has a history of planning disputes in the area, having previously converted land in Clyffe Pypard into a traveller caravan site without permission.
Mackay's legal team told London's High Court that Johnstone's actions on the woodlands raised concerns about potential development, which could put the Earl at risk of breaching planning regulations. Johnstone had also approached the Earl at his home, attempting to show him an ownership document on his phone, a request the Earl refused.
The court heard of a "persistent campaign against the guards at the woodlands" led by Johnstone. The judge ultimately declared Lord Inchcape the legal owner of the woods and made permanent a temporary injunction that had previously barred Johnstone from the land.
"It does appear as if Mr Johnstone is the prime mover, and his motivation is his completely unfounded assertion to title over the woodlands," the judge commented. Johnstone did not attend court or provide legal representation but had reportedly accepted that judgment should be entered against him.
The Earl, a descendant of shipping magnate James Mackay, first Earl of Inchcape, purchased his Wiltshire estate in 1978. He also owns the 12,800-acre Glenapp Estate in Scotland. His legal team stated that Johnstone had relied on documents he refused to provide to the Earl's solicitors, and the purported sale from an unnamed farmer was deemed "at best suspect."
While the injunction against Johnstone was made permanent, the judge declined to extend it to cover unknown trespassers, noting that only Johnstone was alleged to have infringed the ban. Johnstone's alleged breach occurred on September 14, when he reportedly visited the Earl's house seeking to speak with him. Mackay provided written evidence stating his wife had refused Johnstone's request and informed him that any documents should be sent to their solicitors, but he offered no proof of ownership.
The court orders aim to conclude the dispute, with the judge expressing hope that "that's an end of it."
Sources
- www.dailymail.com - Earl wins court fight with traveller site owner who 'threatened to invade aristocrat's woods with army of men and dogs saying it was his'
- www.dailymail.com - Earl wins court fight with traveller site owner who 'threatened to invade aristocrat's woods with army of men and dogs saying it was his'