Aslockton pensioner in court after painting white border line on neighbour's drive after row

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Thursday, December 06, 2012
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Nottingham Post

A 73-YEAR-OLD man has ended up in court after he attempted to settle a land row with a neighbour by painting a dotted white boundary line.

Richard Carter and neighbour Leanne Jamson have been at odds for four years over a piece of driveway, between 12 and 18 inches wide.

  1. Aslockton neighbours dispute

    Neighbours: The houses at the centre of the dispute in Fields Drive, Aslockton.

A civil court hearing in 2008 concluded that the small piece of land in Fields Drive, Aslockton, belongs to Mrs Jamson.

But Carter continued to fight it, eventually being given a restraining order in October 2011 which prevented him from tinkering with the boundary.

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Carter then painted a dotted white line on the driveway in June 30 this year, which marked out that the land was his, the court heard.

On July 10, he also moved wooden planters belonging to Mrs Jamson on to her side of the disputed land and parked his trailer up against them so they couldn't be moved back.

Carter went on trial at Nottingham Magistrates' Court yesterday charged with two counts of breaching the restraining order by his actions.

He denies the charge as he claims the land is his.

But giving evidence behind a screen at the trial, Mrs Jamson said it was hers. Mrs Jamson, who has lived in the house since 2004, said she left her home at 5.45pm on June 30 and returned at 10.30pm to find the painted line on the driveway.

She said: "I noticed a painted, dotted white line going from my planters to the end of the driveway. It was on my blocked paving and about a foot on to my property."

Mrs Jamson said she left her house at 9am on July 10 to go to work, only to return at 5.40pm to find the planters moved.

She added: "They had been moved on to my property and his trailer was the other side of the planters, encroaching on to my property, stopping me putting the planters where they should be."

Mrs Jamson said she could provide photos of both incidents as evidence but Rosemary Wilde, prosecuting, said: "It's not contested that Mr Carter has done the physical act of the two allegations of breach because they are accepted. What may be in dispute now is whether or not he painted that line in contravention of the restraining order."

She said Carter had essentially "laid claim to the land".

"Essentially it's suggested he doesn't accept the initial county court judgement, therefore he has a reasonable excuse for breaching the order."

Chris Brewin, defending, said: "My claimant has not encroached in any way, shape, or form and has not breached the restraining order. My client has not reconciled himself to the county court order."

Mr Brewin cross-examined Mrs Jamson's account of who owns the land, stating a Land Registry plan showed it belonged to Carter.

But Mrs Jamson said: "I would say that is not right."

Police arrested Carter on July 12 and charged him with the breaches of the restraining order on July 19.

District Judge Leo Pyle adjourned the trial until December 19, when Carter will give his evidence. He was granted bail until the next hearing, with a condition not to contact Mrs Jamson or touch the disputed land.

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