vrijdag 9 juli 2010

Woman loses court battle over garden access

Successful hedge fund chief Mina Gerowin Herrmann lost around 150,000 pounds trying to get into the garden of her london square home. The jugde trew out her claim against te Royal Borough of Kensington and the committee which refused the couple a key to the exlusive amenity surrounded by fences. They now face paying the costs of the case estimated some 173,000 pounds. Mrs Hermann moved from New York and bought the house after being assured by solicitors that they had the right to use the locked garden. As the hous itself has no garden this was considered a big deal for her and her husband. The couple claimed that under the Kensington Improvement Act of 1851 they were entitled to a share of the garden because they lived in a house within the square area. The judge found the Act unclear as it didn't say which houses included in the square. He came to the clear conclusion that houses with a front or side facing into the square where covered, the house of Hermann does not.

http://www.independent.co.uk/news/uk/home-news/woman-loses-court-battle-over-garden-access-2022635.html

The first thing that is noticed was that it were Americans. offcourse it were Americans because anyone else wouln't make a case out of it. When I read on and thought about it I agreed with them. If the key to the garden came with the house the house would be worth a lot more. I also think that it is a bit naïve to not inform at the Royal Borough of Kensington if the solicitors had spoken the truth about the key. If it is so important to you, check it first.

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