A CONTESTED road at the centre of a long-running dispute between Clever Hills residents under Crowhill and Mt Breezes Estate does not appear on the Surveyor-General’s maps.
Indications are that what Clever Hills and Crowhill residents have been using to access a tarred road which is in Mt Breezes is an improvised path cutting across a stand on the Mt Breezes side.
According to the Surveyor-General’s maps and local authority records, the road in question does not exist.
It is identified as an illegal path cutting through private property on Mt Breezes.
Clever Hills residents were using the road to connect to a tarred road on the Mt Breezes side of the legal boundary between the Crowhill farm, which is legally called Lot J of Borrowdale Estate and Mt Breezes.
Mt Breezes Residents Association spokesperson Wilson Mhuri reiterated that Clever Hills has a subdivision layout approved in 2013, which provides a legal route to a public roundabout.
“We have always maintained that the so-called road is an illegal path. These findings vindicate our position,” he told NewsDay Weekender in an interview.
In 2020, Justice Siyabona Paul Musithu said there was no authorised public road, interlink or interface of between any portion of Chirika Extension of Borrowdale Estate and Lot J of Borrowdale Estate, commonly called Crowhill, and any portion of Subdivision E of Lot H of Borrowdale Estate, commonly called Mt Breeze.
“It is hereby declared that the roads constructed by the first, second and third respondents purportedly linking or seeking to link or interface with applicants private development scheme... constitute an illegal and unlawful interference with the enjoyment of rights of applicants members,” Justice Musithu ruled.
Mt Breezes Borrowdale Estate had cited Crowhill Farm Private Limited, Crowhill Private Limited, Crowhill Properties Owners Association and the Goromonzi Rural District Council as respondents, respectively.
The judgment upheld Mt Breezes’ rights to enforce its private servitudes and restrict access.
The feud over the disputed road has been going on for years.
Mt Breezes recently set up surveillance cameras and threatened legal action against trespassers.