A couple who claimed they bought their dream home without realising a public bridleway ran through it due to a historical council blunder have been told it must stay by the Planning Inspectorate.
Cancer specialist Dr Dawn Carnell, 57, and husband David Moore, 61, bought Breach House for more than £1 million almost ten years ago before spending another small fortune renovating the dilapidated property.
But they ended up in a long-running and expensive legal battle with locals in Little Berkhamsted, Hertfordshire, who said the right of way had run through the couple’s drive and paddock for more than 100 years.
The matter ended up at a Planning Inspection after the couple appealed against county council order stating the path ran through their property.
A council official admitted at the hearing in December that the Definitive Map of the area – used by conveyancing solicitors prior to the purchase of a property – showed the ‘wrong route’, going between two neighbouring cottages.
But he added the accompanying Definitive Statement – which indicated the bridleway went through Breach House’s land – was correct.
Planning Inspector Claire Tregembo has now ruled against Dr Carnell and Mr Moore, saying: ‘I have concluded, on the balance of probabilities, that a public bridleway exists on the line [through Breach House].’
Mr Moore, who has spent around £250,000 on the legal battle, insisted last week the matter wasn’t over and he would be consulting his legal team.
A council official admitted at the hearing in December that the Definitive Map of the area – used by conveyancing solicitors prior to the purchase of a property – showed the ‘wrong route’
David Moore, pictured, and his wife bought Breach House for more than £1 million almost ten years ago before spending another small fortune renovating the dilapidated property
Locals in Little Berkhamsted, Hertfordshire, said the right of way had run through the couple’s drive and paddock for more than 100 years
Cancer specialist Dr Dawn Carnell, 57, and husband David Moore, 61, bought Breach House for more than £1 million almost ten years ago
The businessman, who runs an oncology firm with his wife, told the Mail: ‘There are a number of options open to us. This can be contested in court on appeal.’
He also warned of the likelihood of civil action for damages against the council, stating: ‘If you rely on a Definitive Map to purchase your property then, in my view, this opens up quite a large compensation case against the council.
‘They provided searches for the property which were incorrect.’
Locals – who complained the couple had removed right of way signs and locked gates, stopping ramblers and horse riders from going through – were jubilant, however.
Neighbour Wayne Morris, a retired Metropolitan Police inspector and chairman of the parish council, said: ‘I’m very pleased. There were a lot of upset people when it was closed off.
‘There were people who had been using it since the 1940s and there were 166 user evidence forms submitted to the inquiry.
‘All in all, I think it’s a just decision and the sooner it’s open and everyone can get back to their normal lives, the better.’
The dispute between Dr Carnell and her husband and residents began in 2019 when the route through the 1.75 acre property was shut off.
The bad blood in the community saw Mr Moore complaining of criminal damage, including scratches on his cars, and harassment
Mr Moore, who has spent around £250,000 on the legal battle, insisted the matter wasn’t over and he would be consulting his legal team
During the four-day hearing, senior definitive map officer Gavin Harbour-Cooper revealed the council investigated the matter in 1956 and concluded the path ran through Breach House
The bad blood in the community saw Mr Moore – whose wife works at University College Hospital in London – complaining of criminal damage, including scratches on his cars, and harassment.
Meanwhile, the owners of the two neighbouring cottages where he said the path ran ploughed about £50,000 each into their legal costs.
Hertfordshire County Council became involved and passed an order stating the bridleway did run through land attached to six-bedroom Breach House, parts of which date back to the 17th century, leading to the Planning Inquiry.
During the four-day hearing, senior definitive map officer Gavin Harbour-Cooper revealed the council investigated the matter in 1956 and concluded the path ran through Breach House.
But when the first ‘definitive map’ was drawn up three years later, it showed the ‘wrong route’ between the cottages, although the Definitive Statement gave the correct information.
Nigel Adams, the founder of online estate agents BigBlackHen.com and whose parents owned Breach House from 1973 to 1985, said he handled the sale of the property to Mr Moore and his wife in 2015.
He added: ‘During this process, I repeatedly discussed with the Moores the existing bridleway and its route through the Breach House land.’
William Marques, who lived in the house in the 1960s, also recalled the bridleway passing through it.
Hertfordshire County Council became involved and passed an order stating the bridleway did run through land attached to six-bedroom Breach House
Locals – who complained the couple had removed right of way signs and locked gates, stopping ramblers and horse riders from going through – were jubilant
William Marques, who lived in the house in the 1960s, also recalled the bridleway passing through it
Describing how he used it to get to his grandparents’ home because the only other route, by road, was ‘too dangerous’.
But Mr Moore told the inquiry the council had admitted in 2020 the bridleway signs by his home were wrong, so they were removed.
He added; ‘When I purchased the property, I was not made aware of the existence of a bridleway crossing the property.’
A Hertfordshire County Council spokesman said: ‘We are pleased that the Planning Inspector has agreed with our position and confirmed the modification order that will allow the route of this bridleway to be correctly recorded.’
