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Fence dispute is making my life a misery

HOUSE-PROUD Highworth man David Curtis says his life has been made miserable since he claimed a 20ft plot of overgrown land beside his home.

Mr Curtis, of Barra Close, has been at the centre of a boundary dispute between his neighbours and village green supporters since he put in a planning application to make the ‘disused’ piece of land between his street and Windrush part of his garden in July 2009.

The 54-year-old now risks losing the strip after objectors put in an application to add it to unadopted land recently given village green status.

The special status was awarded at a meeting of Swindon Council’s Footpaths and Rights of Way Committee on January 27, but members were unable to make a decision on the future of Mr Curtis’ ‘adopted’ land because of insufficient evidence from the applicants.

“If I had known it was going to create this much fuss I probably would never have bothered,” said Mr Curtis.

“I have been maintaining that overgrown strip for years so I decided to apply to add it to my garden as is my right. Fast forward to now and I am being vilified as some sort of land-grabber because I have claimed 20ft.”

Mr Curtis says his position on the village green is largely misunderstood by its supporters.

“I wholeheartedly support the village green,” he said. “I think children deserve to have somewhere to play in safety and where they can be watched over, and the unadopted land between Barra Close and Windrush provides just that.

“But I don’t think my 20ft makes a difference because until I started looking after it, it was always too overgrown for children to play in. In fact children used to climb in the trees that made up my hedge instead. If they’d had an accident, no doubt I would be responsible.

“This battle to have this made part of the green is fuelled by nothing but jealousy.”

Mr Curtis erected the fence around the land in April 2009 before putting the application in four months later. Village Green supporters then submitted their own application in September but omissions on the form meant adopting the land Mr Curtis had claimed could not go ahead.

Mr Curtis is now waiting for the next meeting of the Footpaths and Rights of Way Committee to find out if he will keep the land.

“I just don’t know how it has come to this,” he said.

“I think this could have all been sorted out if we all sat down and discussed it. Instead I have been made to look like I have committed some sort of crime.

“I don’t believe that anyone else in my position would not have done the same.”

Comments(20)

reality_check says...
12:33pm Wed 10 Feb 10

"Mr Curtis erected the fence around the land in April 2009 before putting the application in four months later."
.
More fool Mr Curtis. If only he'd gone about this properly then there'd be no problem.

Bobfm says...
12:53pm Wed 10 Feb 10

reality, you may well be right, but here in is the irony. Had he not looked after the land as he did for years, no one including the Council would have cared less.

Because he brought the land into use. They now want it. This is very much the Mechanics on a tiny scale.

cherryblossom says...
1:22pm Wed 10 Feb 10

After all is said and done.....if it is not yours what gives you the right to just take it???

reality_check says...
1:49pm Wed 10 Feb 10

He's applied too late. Unfortunate, but there it is.
.
However, fencing off land that is not your's to fence is just stupidity.

The ModFather says...
2:20pm Wed 10 Feb 10

He has every right to claim this land, he has looked after it for years so he is entitled to it. People get no thanks these days, we should be thanking him for looking after it, not trying to turn him into the village villain.

Always Grumpy says...
2:29pm Wed 10 Feb 10

No doubt if he'd put up the fence on a Bank Holiday weekend and then claimed to be a Pikey, he would have got away with it!

Amberflame says...
2:57pm Wed 10 Feb 10

There are always two sides to every story and as plenty of coverage has been given to the aggrieved neighbours it is only fair the Mr Curtis should have an opportunity to put his side across and to be honest he seems like a decent person who did not think that it would be a problem. He was wrong obviously but there is no need as he has said to make him look like a villian.

And to cherryblossom, read the artical, he didn't just take it!

yeti says...
4:14pm Wed 10 Feb 10

Bobfm wrote:
reality, you may well be right, but here in is the irony. Had he not looked after the land as he did for years, no one including the Council would have cared less. Because he brought the land into use. They now want it. This is very much the Mechanics on a tiny scale.
i think you are spot on.

Stacko75 says...
7:48pm Wed 10 Feb 10

yeti wrote:
Bobfm wrote:
reality, you may well be right, but here in is the irony. Had he not looked after the land as he did for years, no one including the Council would have cared less. Because he brought the land into use. They now want it. This is very much the Mechanics on a tiny scale.
i think you are spot on.
So let me get this right.....if I 'tend' to some land outside my house, that belongs to the local authority, without notice and any authority, I can have it can I?

g5wq says...
9:14pm Wed 10 Feb 10

put youreself a chicken run and some chicken on the land and the council cant remove them from it , hence youll keep hold of thats strip of land .

hardworkingParents says...
9:19pm Wed 10 Feb 10

"claimed 20ft" in width and around 50ft in length.

"maintained the land" and yet SBC produced evidence that they had maintained it for over 25 years.

If the people of highworth didn't stop this, then other public access land would also be fenced off.

It was\is not jealousy, in fact it was\is not personal. We just want to protect the green spaces for ALL to enjoy.

reality_check says...
9:42pm Wed 10 Feb 10

Always Grumpy wrote:
No doubt if he'd put up the fence on a Bank Holiday weekend and then claimed to be a Pikey, he would have got away with it!
Good point well made.. lol.

Jock Strap says...
10:36pm Wed 10 Feb 10

Even if Mr Curtis can legitimately claim that he tended the land for 20 years he still didn't own it! and what about the rest of the greedy land grabbing neighbours who all extended the length of their gardens by moving the back boundary fence so that it encroached on to the land dubbed "the village green"? What a bunch of selfish land grabbing bar stewards - they dont have the excuse Mr Curtis used of tending scrub land ignored by the council.

Captain Sensible says...
8:00am Thu 11 Feb 10

Yes, maybe Mr Curtis should have put a luxury caravan on the land, along with a couple of sruffy white vans, a couple of horses, some old matrasses, piles of scrap metal, burnt rubbish, broken down and damaged trees and fences in the vicinity and intimidated local people into having their drives tarmaced for outrageous prices. That way the council would have welcomed his 'alternate' lifestyle, showered him with benefits and allowed him planning permission in retrospect to build a caravan site for all his mates on the land whilst ignoring the complaints of the local residents!

Bobfm says...
8:43am Thu 11 Feb 10

If I recall previously didn't the council only act when they realised the 'ownership' by time constraint became an issue.

cherryblossom says...
9:29am Thu 11 Feb 10

Amberflame wrote:
There are always two sides to every story and as plenty of coverage has been given to the aggrieved neighbours it is only fair the Mr Curtis should have an opportunity to put his side across and to be honest he seems like a decent person who did not think that it would be a problem. He was wrong obviously but there is no need as he has said to make him look like a villian. And to cherryblossom, read the artical, he didn't just take it!
Erm ......Yes He Did!!!, he put a fence around it and claimed it as his.....so he just took it....!!!!

true bluebird says...
6:30am Fri 12 Feb 10

Oh look that nasty man from the other your say is doing what he does best being rude. I bet you are one of the jealous people. I have met Mr Curtis and he is one of the nices people you could meet. And so for that matter is the Barra Close residents. i did some fact finding so everyone can see what happened. Mr Curtis first went to land claims, then land registry, completed all forms. Saw the local solistior who said put the fences up. Funny it was the same one used by the people appling for village green status? He put in an application form did all correct procedures. what SBC did then was discusting they behaved illegally and not impartial as i saw the solisitors feedback to them. What has this person done which was so wrong that he has suffered harrasment, verbal abuse, and vandalism to his property. I wish them all the best and feel sorry that in this village the council reward their constituents who behave dishonestly. well done.

Hardworkingfencer says...
7:36am Fri 12 Feb 10

True Bluebird.. Just as I said the truth will out, and my goodness there will be a lot to read about soon, skeletons and all!!! This will keep the tabloids going for a few days. Barra residents dont give up they might have won the battle but the war isnt over yet ......

Jock Strap says...
7:57am Fri 12 Feb 10

sorry about the typo's HWF had got me so excited I could rip a tissue!

Laughable says...
8:37am Fri 12 Feb 10

Now now, Jock Strap! Who resorted to throwing around insults first ? Not so funny when you get it back?

Walked right in to that wind up didn't you. Makes this all so much more entertaining for people.

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