Ball, an 81‑year‑old retired teacher, fought for three years to restore a 3‑ft gate that had opened her garden since the 1960s. The gate, located on the rear wall of her Matlock home, had become a de facto right of way after decades of use. She proved the continuous use, giving the tribunal a clear basis for the right of way.
In April 2023, council workers cemented a metal fence panel across the gap, cutting off the gate. The fence remained in place while the legal battle dragged on, denying Ball full use of her property for nearly a year and a half.
Ball accused the council of bullying, saying the authorities tried to dissuade her and that their conduct was "beyond childish." She highlighted that a teacher had faced bullies at school, yet now as a pensioner she felt targeted again.
A first‑tier tribunal, hearing under a Reform UK administration, ruled in Ball’s favour. Judge Robert Brown noted the council’s evidence was "surprisingly combative." The council was ordered to pay £50,000 and to restore a new route to the property, which is now slated for a housing development.
The decision underscores the importance of historic usage in establishing easements, and could prompt other councils to review similar fences. Ball, who taught 9‑ to 11‑year‑olds, will now enjoy her garden again. The council has agreed to remove the fence and create an alternative path by May 2026.