Land row rages as bulldozer moves in
one neighbour bulldozed his way through the other's yard.
Mr. Rudolph Ford, of Sunset Strip in Pembroke, and his neighbour Mrs. Deborah C. Smith hurled insults and accusations at each other on Tuesday as a tractor demolished some eight feet of wall bordering one side of Mrs. Smith's yard.
The tractor driver continued his path through Mrs. Smith's yard and her parents' adjacent driveway, stopping at a backyard wall which separates her property from Mr. Ford's.
The driver was under orders from Mr. Ford who, in July, was granted permission from the Planning Department for an eight-foot right-of-way and to carry out excavation to create a parking area on his property.
The Development Applications Board decision came a year after the Supreme Court ruled that Mr. Ford -- as the owner of the home behind Mrs. Smith's -- had the right to a right-of-way.
But Mrs. Smith, who has lived in her Sun View Road home for nine years, said she only learned about allowance for a right-of-way on her 50-foot property in the court case.
She said for the past 30 years occupants of Mr. Ford's house had been allowed to pass through other people's property to get to the house.
And Mrs. Smith said she received no warning about Tuesday's demolition.
"I've got a four-year-old child who's got to be told she does not have a back yard anymore,'' she said. "This house was purchased four times and its deeds have never shown a right-of-way.
"I would have never purchased a piece of property like this, had I known.
"In fact, my father bought the adjacent land because it was adjacent. There was never an indication that it allowed for a right-of-way.
"My papers still show my property as having no right-of-way.
"But after going to court it was established that there is allowance for an eight-foot right-of-way and I have to accept that.
"But it makes me angry as an owner of property that errors can be made by those working on your behalf.'' "I have incurred huge expenses by spending the last four years in and out of court because of this and I have not been compensated,'' she said.
Her lawyer, Mr. Philip Perinchief, said he had been advised to take criminal and civil action against all concerned.
Mr. Perinchief, who arrived at the scene of dispute shortly before Police stopped demolition, said his client would also be seeking compensation.
Mr. Ford, however, stressed that he was only exercising his right to have direct access to his home.
"She's been objecting every move I've made,'' said Mr. Ford, who bought the home three years ago. "She's even written to the Editor and I've been threatened by her family. But I refuse to retaliate.
"I need my right-of-way. No house is supposed to be land locked.
"I won my case in the Supreme Court before Chief Justice (Sir James) Astwood.
She's been bitter for four years based on ignorance. "I believe in the law, I don't break it.'' Mr. Perinchief said: "Although Mr. Ford has a judgement from the Supreme Court saying he has an easement over eight feet of the property, our beef is with the Planning Department for allowing construction vehicles to go on the site. This has done damage to the property of Mrs. Smith and Mr. Carl Maybury (her father).'' Mr. Perinchief said in addition to clearing more than eight feet of Mrs.
Smith's property, the tractor damaged both Mrs. Smith's and her parents' cable, and a rafter on her parent's home which may lead to the need for removing the roof.
He noted that in a letter to Mr. Ford, dated July 1, 1992, DAB clerk Mrs.
Astrid Black wrote: "The Board wishes to advise the applicant that the granting of planning consent does not confer rights to carry out works in, on or over land outside the applicant's ownership or control, nor does this planning approval grant a right-of-way over the adjoining property for any construction vehicles to enter the site.'' "Mrs. Smith has made a formal complaint to Police and I've been advised to take legal proceedings against all concerned, including Mr. Peter Smith (the conveyancing lawyer),'' Mr. Perinchief said. "But this does not detract from the Planning Department granting the right-of-way in this manner.'' He questioned the DAB's wisdom in granting the application.
"How could Planning give permission to build a right-of-way within inches of someone's doorstep. It seems Government ought to have exercised further discretion.'' Acting Planning director Mr. Brian Rowlinson said Mr. Ford had the right to develop a right-of-way "providing he's not endangering the safety of someone or property''.
He said a building inspector had been sent to the site late on Tuesday afternoon to make sure Mr. Ford was "proceeding in accordance with the plans''.
Mr. Ford's lawyer, Mr. Trevor Moniz, was unavailable for comment yesterday.
REMNANTS OF DISPUTE -- The Sun View Road, Pembroke home of Mrs. Deborah C.
Smith became the focal point of a four-year-old dispute on Tuesday when her neighbour, Mr. Rudolph Ford -- whose house is hidden in the background by trees -- ordered demolition of a wall.
