Olive Muriel Thomas is suing her neighbours Timothy and Rachael Huelin over the alleged obstruction to her right of way and she claims they also installed locked gates at either end of the roadway, denying her access to her St Brelade home.
In a recently published order of justice, Ms Thomas claims that her property ‘has an unimpeded right of way on foot only, of four feet in width, over the roadway without any obligation to contribute to the cost of maintaining the roadway’.
She alleges that her neighbours have allowed the roadway to become ‘overgrown with vegetation thereby rendering it impassable’.
Ms Thomas is now calling for the court to order Mr and Mrs Huelin to ‘remove all obstructions’ and to maintain the roadway, at their own cost.
She has also asked for the couple to pay her costs for the proceedings, as well as any other relief the court orders ‘as may be just’.
However, Mr and Mrs Huelin, who deny Ms Thomas’ allegations, ask that her claim be dismissed and that she should be ordered to pay their costs.
Their response submitted to the court states: ‘The vegetation has been cut back to allow the right of way to be exercised.’
And although they admit installing locked gates, Mr and Mrs Huelin claim they have provided Ms Thomas with keys to enable her to exercise her right of way.
‘The right of way is exercised through the defendants’ garden,’ the response says. ‘It is further averred that the defendant installed the gates as members of the public without contractual rights, were using the roadway as a shortcut.
‘This is an unwarranted breach of the defendants’ privacy and as they have children is also a safety issue.’
