A couple who bought their dream home for over £1.2million have lost their legal fight to prevent a public bridleway running through their property.
Dr Dawn Carnell and husband David Moore bought Breach House in Little Berkhamsted, Hertfordshire, almost 10 years ago – but were unaware of walkers’ right of way when purchasing the property.
The cancer specialist, 57, and her businessman husband, 61, then spent “another small fortune” renovating the dilapidated property, parts of which date back to the 17th century.
They then became embroiled in a lengthy legal battle with locals in Little Berkhamsted who insisted the right of way had existed for more than a century.
Dr Dawn Carnell and husband David Moore bought Breach House in Little Berkhamsted, Hertfordshire almost 10 years ago
The dispute escalated to the Planning Inspectorate after they appealed against a county council order confirming the path ran through their property.
During a hearing in December, a council official admitted the Definitive Map used by conveyancing solicitors showed the “wrong route” between two neighbouring cottages.
However, the accompanying Definitive Statement correctly indicated the bridleway went through Breach House’s 1.75-acre plot of land.
Planning inspector Claire Tregembo ruled against the couple, stating: “I have concluded, on the balance of probabilities, that a public bridleway exists on the line [through Breach House].”
MORE NEIGHBOUR ROWS:
Locals in Little Berkhamsted insist the bridleway on the right had existed for more than a century
GB NEWS
Moore, who has spent around £250,000 on the legal battle, insists the matter isn’t over.
“There are a number of options open to us. This can be contested in court on appeal,” the businessman told the Mail.
He also warned of potential compensation claims against the council for providing incorrect searches.
But locals celebrated the ruling – neighbour Wayne Morris, an ex-Metropolitan Police inspector and parish council chairman, said: “I’m very pleased. There were a lot of upset people when it was closed off.”
The Planning Inspectorate received 166 user evidence forms supporting the bridleway’s existence.
The bridleway dispute began in 2019 when the route through the property was shut off.
That sparked a feud with neighbours – with Moore complaining of criminal damage, scratches on his cars, and harassment.
As well as Moore’s six-figure legal spend, neighbouring cottage owners have splurged around £50,000 each on costs.
The pair have installed signage on their gate warning walkers to keep off
The couple claim the bridleway actually runs along a stretch of grass between two other properties
During the four-day hearing, senior definitive map officer Gavin Harbour-Cooper revealed the council had investigated the matter in 1956 and concluded the path ran through Breach House.
Nigel Adams, who handled the property’s sale in 2015, stated he “repeatedly discussed” the bridleway with the Moores.
William Marques, who lived at the house in the 1960s, also confirmed he had used the path.
But Moore disputed these claims, telling the inquiry: “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 confirmed the modification order that will allow the route of this bridleway to be correctly recorded.”
