Judge laments over fall-out over Cotherstone boundary

Jul 28 2010 by Laura Caroe, The Journal

A TOP judge has bemoaned a boundary dispute over a babbling brook which has cost two families in the North East thousands of pounds.

It was definitely a case of troubled waters when Gillian Hodgson came to be in dispute with her neighbours Ian and Diane Pennock over ownership of a stream running between their properties.

Three appeal judges yesterday found for Mrs Hodgson, a mother-of-three, over the ownership of the narrow stretch of water at Moor Road, Cotherstone, near Barnard Castle.

But Lord Justice Mummery said the fight only caused “ill-feeling” between the two home owners and said the huge legal fees run up in this and similar cases were a waste of money.

Mrs Hodgson, who has lived at Kalmara for nearly 17 years, claimed the brook was part of her land and objected to her neighbours building a stone wall along its southern bank. Mr and Mrs Pennock, both in their 40s, who built their home after buying the land at auction in 2005, insisted the brook belonged to them and marked the boundary of their land.