Anti-harrassment injunction issued in right-of-way neighbour dispute

A farmer has been criticised by a Judge for harassing his neighbours in a right of way dispute.

Peter Robinson insisted on driving his tractor at a snail’s pace along a track leading up to his farm in County Durham. He put in more than a dozen speed bumps in a bid to make life as “inconvenient as possible” for his neighbours.

The farmer would “jump out” on visitors as they drove along the track, accusing them of speeding and asking them their business.

When Mr Bramwell repaired a pothole on the track, Mr Robinson removed the filling and turned it back into a hole.

The neighbours had a right of way over the farmer’s land in order to gain access to their property but the farmer accused them of trespassing and making “excessive use” of the right of way. But the couple said the farmer was unlawfully interfering with their right of way and issued proceedings at Newcastle County Court.

Now the Judge has issued the farmer with an anti-harassment injunction and ordered him to pay his neighbours damages of £4800.00 for the “substantial inconvenience, anxiety and distress” he caused them and also legal costs bills that are likely to dwarf that sum.

The Judge further said: “It would have been far better if it could have been resolved amicably”. But all attempts at mediation had failed before the dispute made its way to court.

If you find yourself in dispute with your neighbours then call Shalish Mehta in our civil and commercial litigation department on 0161 785 3534 or email sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

How important is it you to have good relations with your neighbours?

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Shalish Mehta

Shalish is an experienced dispute resolution solicitor who joined the firm in 2002 ago upon qualifying as a solicitor and provides a proactive approach whilst retaining the personal touch to help you achieve the best possible outcome for your case. He acts on behalf of both private individuals and commercial clients. He can assist and advise at any stage of a dispute including mediation through to court action and injunctions. Shalish is a keen sportsman, regularly playing cricket and five-a-side football and also watching live sport. He enjoys city breaks and takes great pleasure in sampling different cuisines from around the world. Shalish is fluent in Gujarati and will happily represent those for whom Guajarati is the first language, in English. He is also happy to offer his services as a translator to our clients as necessary. What clients say about Shalish: “We feel the service was perfect and found our solicitor, Shalish Mehta, very professional and helpful in all aspects”