Elderly couple who cut wealthy neighbour's grass verge for 12 years given land in 'squatters' rights' ruling.
Marcus Heaney, pictured with a female companion outside the Court of Appeal, went to war with his neighbours over a patch of grass
A couple who cut a grass verge outside their wealthy neighbour's home for 12 years have been given the land by a judge in a "squatters' rights" ruling following a lengthy court battle.
Property consultant Marcus Heaney, 50, went to war with pensioners Hilary and Edward Kirkby over the patch of grass in Thorp Arch, near Wetherby, West Yorkshire.
Mrs Kirkby, 72, claimed a right to the land, saying that despite not legally owning it, she had always tended it as her "garden", where she cut grass and planted flowers.
But she and her 70-year-old husband ended up in court when, in February 2012, their wealthy neighbour, who had earlier removed their fence, registered the verge as his own.
Now, after a marathon legal battle, in which judges have repeatedly come down on Mrs Kirkby's side, Mr Heaney has been left facing a bill estimated at more than ?250,000.
His barrister, John Randall QC, said the case could have dire implications for communities across Britain
Mrs Kirkby had been found to own the land by "adverse possession" - better known as so-called "squatters' rights" - because she could show she used it as if it was hers for 12 years, a court heard.
But Mr Randall insisted she had come nowhere near proving that she treated it as if she had a right to it - a necessary condition for "squatters' rights".
Planting flowers there, cutting grass and putting out boundary stones to stop delivery trucks driving over it was simply "good neighbourliness", the QC complained.
"It would be a sad day for the law if the courts were to attach too much legal significance to acts which pass for nothing between good neighbours," he told Lord Justice Sales.
"Adjoining owners would have to be constantly on the watch in case their rights were being infringed. This could do nothing but harm in an area where, once good relations break down, enmity often sinks in."
Hilary Kirkby planted flowers, cut the grass and put out boundary stones to stop delivery trucks driving over the verge.
The case originally went before the First-Tier Tribunal and Upper Tribunal in 2014 and 2015, culminating in a ruling by Judge Roger Kaye QC that Mrs Kirkby was the owner.
The Kirkbys had bought their property in 1999 and embarked on an ambitious restoration project, converting it into a home, the tribunals heard.
The untidy verge, then covered in bushes, was not part of the property, but the couple set about "beautifying" it and installing two car parking spaces.
After bringing in 12 tons of topsoil, they seeded the verge with grass and put in place a coping stone.
In February 2012, Mr Heaney, who owns a property on the other side of a narrow lane, acquired "paper title" to the verge.
He immediately told the Kirkbys to "make no further use of it, whether for parking or otherwise".
But Mrs Kirkby responded in April the same year by applying to have the verge transferred into her name.
That set the scene for an epic legal struggle, which has now ended at the Court of Appeal with Mrs Kirkby the firm winner.
Hilary Kirkby, pictured outside court, had been found to own the land by 'adverse possession'
For Mr Heaney, his QC tried to convince Lord Justice Sales that Mrs Kirkby's victory would discourage good neighbourly behaviour.
Allowing people to gain land by a "slack" application of the test for squatters' rights could have implications all over the country, he argued.
But Lord Justice Sales rejected the appeal bid, leaving Mrs Kirkby the rightful owner of the verge and Mr Heaney to foot the legal bill.
"It cannot properly be said that the appeal would raise an important point of principle or practise," the judge said. "Nor do I consider there is some other compelling reason for the Court of Appeal to hear this case."
Mr Heaney and Mrs Kirkby refused to comment after the hearing.
Marcus Heaney, pictured with a female companion outside the Court of Appeal, went to war with his neighbours over a patch of grass
A couple who cut a grass verge outside their wealthy neighbour's home for 12 years have been given the land by a judge in a "squatters' rights" ruling following a lengthy court battle.
Property consultant Marcus Heaney, 50, went to war with pensioners Hilary and Edward Kirkby over the patch of grass in Thorp Arch, near Wetherby, West Yorkshire.
Mrs Kirkby, 72, claimed a right to the land, saying that despite not legally owning it, she had always tended it as her "garden", where she cut grass and planted flowers.
But she and her 70-year-old husband ended up in court when, in February 2012, their wealthy neighbour, who had earlier removed their fence, registered the verge as his own.
Now, after a marathon legal battle, in which judges have repeatedly come down on Mrs Kirkby's side, Mr Heaney has been left facing a bill estimated at more than ?250,000.
His barrister, John Randall QC, said the case could have dire implications for communities across Britain
Mrs Kirkby had been found to own the land by "adverse possession" - better known as so-called "squatters' rights" - because she could show she used it as if it was hers for 12 years, a court heard.
But Mr Randall insisted she had come nowhere near proving that she treated it as if she had a right to it - a necessary condition for "squatters' rights".
Planting flowers there, cutting grass and putting out boundary stones to stop delivery trucks driving over it was simply "good neighbourliness", the QC complained.
"It would be a sad day for the law if the courts were to attach too much legal significance to acts which pass for nothing between good neighbours," he told Lord Justice Sales.
"Adjoining owners would have to be constantly on the watch in case their rights were being infringed. This could do nothing but harm in an area where, once good relations break down, enmity often sinks in."
Hilary Kirkby planted flowers, cut the grass and put out boundary stones to stop delivery trucks driving over the verge.
The case originally went before the First-Tier Tribunal and Upper Tribunal in 2014 and 2015, culminating in a ruling by Judge Roger Kaye QC that Mrs Kirkby was the owner.
The Kirkbys had bought their property in 1999 and embarked on an ambitious restoration project, converting it into a home, the tribunals heard.
The untidy verge, then covered in bushes, was not part of the property, but the couple set about "beautifying" it and installing two car parking spaces.
After bringing in 12 tons of topsoil, they seeded the verge with grass and put in place a coping stone.
In February 2012, Mr Heaney, who owns a property on the other side of a narrow lane, acquired "paper title" to the verge.
He immediately told the Kirkbys to "make no further use of it, whether for parking or otherwise".
But Mrs Kirkby responded in April the same year by applying to have the verge transferred into her name.
That set the scene for an epic legal struggle, which has now ended at the Court of Appeal with Mrs Kirkby the firm winner.
Hilary Kirkby, pictured outside court, had been found to own the land by 'adverse possession'
For Mr Heaney, his QC tried to convince Lord Justice Sales that Mrs Kirkby's victory would discourage good neighbourly behaviour.
Allowing people to gain land by a "slack" application of the test for squatters' rights could have implications all over the country, he argued.
But Lord Justice Sales rejected the appeal bid, leaving Mrs Kirkby the rightful owner of the verge and Mr Heaney to foot the legal bill.
"It cannot properly be said that the appeal would raise an important point of principle or practise," the judge said. "Nor do I consider there is some other compelling reason for the Court of Appeal to hear this case."
Mr Heaney and Mrs Kirkby refused to comment after the hearing.
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