A LAWYER has lost a bitter battle with her neighbour after a judge ordered her to let him use her driveway to build two houses.
Zoe Bucknell clashed with beef farmer Mark Stoneham over his plans to convert a barn into two properties next to her farmhouse, while using a private road as access for construction vehicles.
Mrs Bucknell argued that "noise disturbance, vibrations and fumes" from the traffic on her 180ft-pathway posed a threat to her peace and quiet.
The horse lover also insisted it would damage the foundations of the £1.3million country property near Sevenoaks, Kent, and hamper her enjoyment of riding.
She sued, claiming she was entitled to preserve the tranquillity that surrounded the Grade II-listed home, which she bought nine years ago.
But judge Paul Matthews threw out her bid to ban the project, saying she is "not automatically entitled to the quiet" she enjoyed in 2014.
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London's High Court heard how Mr Stoneham's company bought the yard and barns next door to Mrs Bucknell from his family in 2020, with plans to develop them.
Representing Alchemy Estates (Holywell) Ltd, Nicholas Isaac KC said his client had an "all time" right of way so was fine to complete the build and provide access to the new houses.
However, Richard Clegg, for Mrs Bucknell, told the judge this would be "wrongful use" and would put her "forever home" in "jeopardy".
In 2021, she obtained a temporarily injunction banning builders from using the driveway.
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But Mr Stoneham pressed ahead with his plans, making an alternative access track over nearby fields.
She then sued at the High Court, seeking a permanent ban to traffic on her driveway, to stop anyone living in the two houses from ever using it, and forcing the cattle farmer to pay damages.
Mr Stoneham fought the claim, insisting his neighbour was "catastrophising" the situation.
Handing victory to his company, the judge said construction work was a "fact of everyday life" and "there must be give and take".
He ruled that the inconvenience or "nuisance" to Mrs Bucknell would be "very small" and that no damage would be caused.
"The claimant is not automatically entitled to the maintenance of the same rural peace and quiet that she enjoyed when she bought in 2014," he concluded.
The ruling means that the build can be completed using the driveway as access.
The new occupants of the new houses can also use the drive.
What are my rights?
THERE is no criminal law against someone parking on or using your driveway without consent, so there are technically no fines or penalties.
It can be considered trespass, but the council can only intervene if it's an obstruction on the road – they can act when a car is blocking a driveway while parked on a public road but not if it's in a private space, for example.
Determine where property boundaries lie by checking the deeds to your property using the Land Registry.
Then you can speak to your neighbour to get their permission or try to resolve the matter.
If that fails, you can look at taking things to court – but it can be expensive.
Your neighbours can’t stop you from making changes to your property that are within the law, but they can affect how and when your works are carried out.
You don’t need to tell your neighbour about minor changes like plastering or electrical wiring, but you should notify them if building on the boundary of your properties, working on a party wall or digging below and near to the foundation level of their house.
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