An eminent railway engineer may be forced to remove part of his driveway after a legal battle with his neighbors over a 4.5-foot strip of land concluded in their favor. Piers Connor and his partner Professor Christine Pasquire constructed a driveway in 2017 to connect their home to a horse paddock, including an entrance arc they wished to widen. However, GP Dr. Dawn Moore-Elphick and her husband Richard claimed ownership of the disputed land.
Dr. Connor, who worked on the Channel Tunnel, applied to claim ownership, asserting he had acquired 'squatters rights' due to his vehicles using the land since 2017. His neighbors' legal representative described the couple as 'opportunists' and 'land grabbers.' The tribunal heard that 'squatters rights' typically require ten years of continuous use.
Judge Ewan Paton presided over the hearing in the Property Chamber, characterizing the case as an "acrimonious neighbor dispute." The judge ruled against Dr. Connor, stating that his factual possession and intention to possess the paved portion of the land dated only from 2017. The judge noted that the application seemed to be a dispute about access disguised as a title issue. He acknowledged the applicants' desire for a wider entrance for vehicles to their field but found their legal claim insufficient.
Dr. Connor had believed paving the land constituted an 'act of factual possession,' granting him ownership. However, the judge disagreed, ruling that the paving and use of the land by driving over it did not grant ownership.
