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Property Dispute Erupts Over Two-Brick Wall in Gloucester New Build
A disagreement has broken out between a construction firm developing a new housing estate and a local businessman concerning the ownership of a low-level wall, merely two bricks in height. Lioncourt Homes asserts that the small wall must be removed to facilitate an emergency access route, as stipulated in their planning permission for the Hempsted, Gloucester development. However, Roger White, a local businessman, maintains that the two-brick high structure adjacent to the housing development belongs to him, sparking a property dispute over the seemingly insignificant dwarf wall.
Ownership Claim
Mr. White contends that the land on which the wall stands was inherited from his father in 1997. He further stated that the plot was valued at £10,000 in 2017, underscoring his claim to the land and the wall itself.
Accusations of Bullying
Mr. White feels “intimidated” by the developers, alleging that Lioncourt Homes did not approach him to negotiate a purchase of the land before commencing construction. He revealed that he received a cease-and-desist letter from the firm, accusing him of seeking an unwarranted payment for the wall.
Mr. White, 58, an IT professional, explained, “My father always advised me to ‘monitor it’, and I would occasionally check on the land and observe that nothing had changed for many years.”
“Approximately a month ago, I noticed the ongoing development and the erection of a concrete fence, and the area had been opened up,” he added.
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“Upon reviewing the planning permission online, I discovered that due to potential flooding at the lane entrance, planning authorities mandated the inclusion of an emergency access route for emergency vehicles.”
Emergency Access Dispute
“This emergency access was planned to traverse my land and, consequently, my dwarf wall,” Mr. White stated.
“I contacted Lioncourt Homes to inform them of my ownership, and they subsequently confirmed in writing that the ‘dwarf wall’ belonged to me.”
“However, they now argue that the dwarf wall is either part of the adopted highway or belongs to them – neither of which is accurate.”
Conflicting Documentation
Lioncourt Homes reportedly possesses documents dating back to 1964, which they claim demonstrate their ownership of the wall, according to reports. In contrast, Mr. White asserts that he holds documentation from 1971 that substantiates his ownership.
The developer’s cease-and-desist letter reiterated their stance that Mr. White was “not entitled to a ransom” concerning the wall.
Legal Response
In response to the cease-and-desist letter, Mr. White’s legal representatives have asserted that it is Lioncourt Homes’ responsibility to prove that the wall falls within their property boundaries or constitutes part of the public road.
Mr. White emphasized, “The dwarf wall is registered in my name with the Land Registry – it is a highly unusual situation.”
“I am perplexed as to how a development of 70 houses could reach this stage without prior investigation into this matter.”
“Lioncourt Homes has explicitly stated in writing their intention to proceed with the emergency entrance construction, completely disregarding my rights.”
Development Concerns
Mr. White clarified that he is not opposed to the housing development itself but insisted that the developers “must ensure all procedures are adhered to correctly.”
He expressed his concern that the developers intend to simply “remove forcefully” the wall and “continue with their work,” accusing them of prioritizing speed over due process.
“It increasingly feels like a large developer is intimidating a small businessman due to their unwavering stance,” he remarked.
Call for Fair Resolution
“They simply want to proceed, remove my wall, and disregard my property rights,” Mr. White reiterated.
“If they require the wall’s removal, they must purchase it.”
“I am uncertain of the repercussions if they proceed with unauthorized demolition. I have engaged a solicitor to assist me in resolving this issue.”
Family History
Mr. White’s father, Ernie, was a local estate agent in Gloucester who strategically acquired several small land parcels as potential investments. “My father bequeathed me this dwarf wall for a specific purpose,” Mr. White stated, implying its significance to his family’s legacy and financial planning.
Lioncourt Homes Statement
A spokesperson for Lioncourt Homes stated, “The works necessary to implement our planning permission are situated on land entirely owned by Lioncourt Homes or within adopted highway land; no third-party land acquisition is required.”
Council Position
A spokesperson for Gloucestershire County Council commented: “We consider that the legal boundary of Lioncourt’s land directly adjoins the public road of Honeythorn Close. Legal boundaries are theoretical lines without physical width (irrespective of the boundary’s appearance), and highway status supersedes ground ownership.”
“Therefore, the council’s view is that the works to establish the emergency vehicle access, as mandated by planning regulations, can be lawfully executed.”