A DEFIANT householder who took on council bosses after a school security fence stopped him getting out of his back garden has had his legal right of way restored following an 18-month battle.
Work was carried out this week to move the 1.8 metre-high fence which surrounds the playing fields at Lindisfarne Middle School in Alnwick – two metres away from the rear garden fence of retired local government officer Ray Prudhoe, 70.
It means he can now resume taking garden waste and heavy equipment from the back garden to the front of his home in Swansfield Park Road via the school field and through a cut – instead of having to carry it through his house.
The work to move the security fence was carried out by Northumberland County Council, three months after Mr Prudhoe secured a ruling from the Land Registry that he had an established right of way through the school field.
He spent a year fighting his case and produced evidence to prove that he had used the route for more than 20 years without interruption.
The security fence was built hard up against Mr Prudhoe’s back garden in July 2010, and blocked off the right of way which he had used for 35 years to take green waste to the front of his house for disposal.
Yesterday he said: “The fence has now been moved back, and I have access as the adjudicator set down. I can now get out of the back garden, along the perimeter of the school field and round to my bins.
“Overall I’m delighted with the result because I knew in my own mind all along that I had a right of way, but I had to prove it and that’s what I did.” Mr Prudhoe has consulted a barrister who is now pursuing potential claims against the council for legal costs he has incurred since the Land Registry adjudication, and for damages arising from the 18 months in which he was deprived of his right of way.
He is also seeking an assurance that the council will continue to maintain his right of way, and not allow it to become overgrown and impassable.
The fence was erected to improve security for pupils, despite objections from dozens of neighbours.
Opponents, including Alnwick county councillor Gordon Castle, claimed it was a waste of money, a visual intrusion and would prevent householders from maintaining their own garden fences and hedges because of its proximity to their houses.
Yesterday a council spokeswoman said: “Contractors have moved the fence and restored Mr Prudhoe’s right of way following the adjudicator’s decision.”
