Overview

• Helen Faber and Dominic Miles appealed a county court ruling that dismissed their claim over a neighbor's fence and ordered the removal of their patio and oil heating pipe for trespassing.
• The dispute began in 2021 when the couple alleged a new fence installed by neighbors Richard and Katherine Reid encroached on a shared right of way by 40 cm.
• Judge Melissa Clarke ruled the fence was not a nuisance but found Faber and Miles' patio and oil pipe trespassed on land owned by the Reids, ordering their removal.
• The couple argued in High Court that the oil pipe installation had prior consent from Forge Cottage's former owners and that modern heating alternatives are unsuitable for their 300-year-old stone cottage.
• High Court Justice Richard Smith has reserved judgment, leaving the couple awaiting a decision on whether the county court ruling will be overturned.