Neighbour ordered to tear down fence

This was the order of High Court Judge Justice Joan Charles yesterday in the San Fernando High Court after Davika Bhimull-Bisnath agreed to reduce the height of the fence which had prompted Santi Bhimull to file a lawsuit in November last year.

Bhimull contended that the fence disrupted her view, prevented her from getting sunlight and blocked her airspace at San Francique Road, Penal.

She argued that as neighbours, a fence between residential properties must not exceed more than seven feet in height if permission from the Minister of Planning has not been obtained. Bhimull-Bisnath, however, justified her construction of the fence claiming that Bhimull’s family members often bathed naked in their yard. She even tendered photographs to support her claim.

Earlier this year, the Town and Country Planning Division wrote to Bhimull-Bisnath and invited her to apply for permission to construct a wall of such height.

When the matter came up before Charles, attorney Stephen Boodram instructed by Jeevan Rampersad representing Bhimull, made submissions.

Attorneys representing Bhimull-Bisnath also replied. In the end, Charles ruled that by consent, the parties arrived at a compromised position in full and final settlement of the claim and counterclaim