We realise you may not be interest in our story but you should know why Linda and me are just so tired and why we want to get away.
In 2006 we built a shed along the bottom of our garden on land that we
had been using since we bought the property in 1988 and it was on land that was
clearly within the red box on our title deed. In 2008 Devon CC came along and
said we had built the shed on their land and they wanted it back. We sent them
loads of evidence including aerial photographs of the land but they still
insisted that it was theirs.
Devon CC took 2 years and spent £11,000 just getting us into court so
you would think the land was a valuable building plot. The piece of land on
which the shed was built was all but worthless because our property was bounded
by a stream and a pond and you could not get to it without putting yourself at
risk of injury. We believe two years and £11,000 is a wilful excess of
authority over such a worthless bit of land.
At first we were representing ourselves and we put our faith in the
Justice system and that was a big mistake. We were light weights, amateurs but
when we got to court we realised we were up against professional heavy weights
and we did not know until recently that they were all wearing knuckle dusters.
Just before our last application to get an appeal we realised that the 2
most important submissions made by Devon CC at the start of the court case
contained a whole catalogue of misleading and deceptive statements and they had
even manipulated the evidence to forward their own case and in doing we
believed it denied us the right to a fair trial.
The misleading and deceptive submissions by Devon CC were not mistakes
and could never be called mistakes these were done wilfully without reason,
excuse or justification. All of the accusations we have made within this press
release are not hearsay but come from the written submissions submitted to the
court by Devon CC at the beginning of our trial and we have attached them to
this press release.
The first of their submission was called a Particulars of Claim and it
should be a concise statement of facts on which the claimant relies and it is
signed by a statement of truth. Attached to the Particulars of claim was a plan
of our property (marked DCC 1) showing the shed to be outside of our boundary.
The plan that Devon CC was using was an Ordinance Survey map which shows our
rear boundary as a straight line from one side of the garden to the other. What
Devon CC should have used was our Land Registry title deed DN15489 with the red
box which showed our rear boundary deviating north and then the shed would have
been inside our boundary and for this there can be no excuse except to mislead
and deceive the court.
In paragraph 2 of the Particulars of claim Devon CC state “The
defendants are freehold owner of the property with title number DN495548 this
is also so deceptive because they have manipulated the evidence because Devon
CC know the title deed to our property is DN15489. It is perfectly clear that
if they had used DN15489 in the Particulars of claim it would not have suited
their purpose because it would have shown how the rear boundary to our property
deviates north and in doing so would have put the shed within our boundary.
The title deed DN495548 belongs to a small plot of land we own next to
our property and has nothing to do with disputed land.
In paragraph 3 of the Particulars of claim Devon CC state “The full
extent of what now is our property is shown coloured blue. This is also
misleading because the area coloured blue contains 2 plots DN495548 our small
plot and DN15489 on which our house sits. It is misleading not to show the 2
plots as separate entities with the correct rear boundary lines but once again
it would not have suited their purpose to show them as separate entities because
they would have had to show the difference in the rear boundary lines.
Paragraph 3 also states “The original western boundary of our property
is delineated by a straight black line within the area coloured blue” This is
not true as there are 2 black boundary lines within the area coloured blue but
neither of them is right. The original boundary to our property can be seen on
our title deed DN15489 and the shape of our original boundary is supported by
the title deed DN495548.
It would not have served their purpose to show the real original
boundaries between the 2 titles because the anomaly at the top left hand corner
fitted the shape of both our small plot DN495548 and the title deed to our
property DN15489 but not the OS map marked DCC1 as submitted to the court in
the Particulars of claim. If they had used the correct title deed there would
have been completely different picture.
Once again it is clear that if they had shown the correct western
boundary to our property it would not have suited their purpose because it
would have shown how wrong Ordnance Survey maps can be compared to HMLR title
deeds. In taking this action Devon CC has once again knowingly used the
particulars of claim and its attached OS map to present to the court misleading
facts in order to reinforce their deception that the rear boundary to our
property is delineated by a straight line from our neighbour’s wall as shown on
the OS map marked DCC1.
Devon CC also claims in paragraph 3 that we registered a possessory
title to the land on our western side in 2006. Once again this is untrue we
were granted a possessory title to the land ten years ago in 2004 as the title
deed to DN495548 states. What the title deed does not say is that at the time
we were granted the possessory title no one knew who owned the land because
Devon CC did not bother to get the land registered until 2006. Our solicitor
who was dealing with our claim at the time also did a search but could not find
out who owned the land and we did nothing wrong or illegal.
DN495548 is a small plot of land next to ours and Devon CC should be
asked why they never continued their attempted to regain the land on our
western side instead of going for the worthless strip of land along the bottom
of our garden.
The next important submission Devon CC made at the start of the trial
was the case summary. Within the case summary they have twice mentioned that
the registered titles depict a boundary in accordance with a straight line
running behind the defendants and their neighbours properties.
Once again this is misleading and deceptive and Devon CC knows it. The
registered title to our property is DN15489 and that clearly shows our rear
boundary deviating north making the shed within our boundary. It does not
depict a boundary in accordance with a straight line running behind the
defendants and their neighbour’s property.
By manipulating the evidence as Devon CC have done, they then go on to
claim that the burden of proof of thus lies with the defendants. Had Devon CC
used the correct title deed to our property (DN15489) it would clearly show the
shed to be within our boundary and then the burden of proof would lie with the
Clamant as it should be.
It is obviously clear that the way Devon CC had manipulated the evidence
in such a way that it was misleading to the court and it was also an abuse of
the legal system and once again they tried to deny us our right to a fair trial
by planting seeds of doubt about our innocence. Devon CC was implying to the
court that we were guilty and had to prove our innocence rather than being
innocent and them having to prove us guilty.
In 2009 one of Devon CC’s own Geometric Surveyors did a survey along the
rear boundaries of the street and our property and the result is the plan
attached to Devon CC Particulars of Claim and marked DCC1.
Once again our title deeds DN15489 were ignored this time by Devon CC
own Surveyor but even more important the resulting report that was submitted to
the court which included the plan marked DCC1 was never signed by the surveyor
neither did he sign a statement of truth supporting the report and plan before
it was submitted to the court. So the plan marked DCC1 should never have been
submitted as evidence because it was never signed by a statement of truth. Yet
it was a major piece of their evidence on which they had based all of their
accusations upon. Their surveyors report also contained a number of other
It is clear right from the very start that Devon CC had purposely
ignored our title deed DN15489 because if they had admitted its existence it
would have defeated their case. This could never be called a mistake it was a
planned strategy intended to mislead and deceived the court into believing the
rear boundary to our property was a straight line from one side to the other.
Our title deeds are the most important piece of evidence there is
concerning our boundaries and they are kept safe for us by Her Majesties Land
Registry who better to look after them. So for Devon CC to ignore our title
deed is an indictment in itself.
The actions by Devon CC would not have been taken lightly because they
were unlawful and they knew it. The only reason why Devon CC took this action
was because they knew their case could not or would not stand on its own merit.
We should never have been taken to court with such a misleading
Particulars of Claim and Case Summary. Devon CC thought this was going to be a
one day trial and they must of felt they could take the risk with their unlawful
submissions because we would not know any better but it back fired and it
wasn’t a quick in and out like they expected but instead it lasted 6 years and
it gave us the chance to realise what they had done.
We believe that Devon CC should face misconduct in Public Office
investigation but we already know that Devon CC will simply reply that all
these matters should have been taken up in court and now it is too late. If
Devon CC were ordinary laypeople we would agree but Devon CC are not ordinary
people they are Public Officers and as such their integrity and honesty should
be beyond reproach and the public must have absolute confidence in the veracity
of those in Public Office specially those officers who work for Devon CC who
are also officers of the court who sat back and allowed the court to be misled.
We believe Public Officers should always be accountable for their action
no matter how long ago it happened because of the trust that was placed on them
when they became Public Officers. We know the majority of the Public Officers
who work within Devon CC are honest and true and are proud to be Public
Officers because of the good they can do but those few who act with malice to
seek revenge can tarnish everyone’s reputation.
The decision to submit to the court misleading Particulars of claim and
case summary would have been made by someone high up in Devon CC before the
court case started and their strategy to withhold our title deed DN15489 or any
other information that was adverse to their case was also planned long before
the court case started.
We believe that any Public Officer who signs a statement of truth or
even knew that one would be submitted to the court knowing it to be untrue is
acting unlawful and that must be misconduct in Public Office. It does not
matter when they did it, neither does the outcome of the case matter, the
simple fact is they lied to the court and their honestly and integrity must be
bought to account.
There must have been so many meeting over the two years it took them to
get us to court, so how many other Public Officers knew what was happening because
you only need 2 and you have a conspiracy to pervert the course of Justice or
Conspiracy to commit a civil wrong or a conspiracy to do something legal by
illegal means. Whatever they did it denied us the right to a fair trial
As well as those Public Officers who gave their permission for the
misleading submission to be presented to the Court their witnesses were also in
Public Officer and in the pay of Devon CC and their part in this court case
should also be investigated.
We believe there is a need to
find out the truth about who was involved and how high up the ladder the responsibility
goes for their actions. The dinosaurs at Devon SS who still believe they are in
the 18th Century and above the law must be bought down to earth. The
people in Public Officer must have the trust of the people but if they can lie,
mislead and deceiving the court, as they have done without any second thoughts
or remorse what does that say about their honesty and integrity and it is all
over such a small insignificant worthless piece of land but it was ours.
Eleanor Roosevelt, “In Our Hands”
(1958 speech delivered on the tenth anniversary of the Universal Declaration of
Human Rights) “Where, after all, do
universal human rights begin? In small places, close to home – so close and so
small that they cannot be seen on any maps of the world.(Like the bottom of
our garden) Yet they are the world of the
individual person; the neighbourhood he lives in; the school or college he
attends; the factory, farm or office where he works. Such are the places where
every man, woman and child seeks equal justice, equal opportunity, equal
dignity without discrimination. Unless these rights have meaning there, they
have little meaning anywhere. Without concerned citizen action to uphold them
close to home, we shall look in vain for progress in the larger world.”
She also said “Do what you feel in
your heart to be right—for you’ll be criticized anyway. You’ll be damned if you
do, and damned if you don’t.”
Our case may look very complicated but under all the big long words and
tons of paperwork it is simple. Devon CC misled the court and manipulated the
evidence and it was done with malicious to teach as a lesson because of the
land we gained a possessory title over in 2004. Their idea of Justice was an
eye for an eye and a tooth for a tooth and they did not care how they achieved
it. They used wilful excesses of
official authority for such a worthless bit of land and they did it
intentionally to inflict as much harm on us (me) as they could and they did and
it lasted 6 years and it is still not over. They did not spend two years and
£11,000 to get a worthless piece of land back they spent it to get even with me.
Yet we have not done anything wrong or illegal and we certainly did not mislead
Their intention to make this court action a quick in and out fell apart
on the first day when the Judge opened the court session and declared a
conflict of interest because he under took work as a contract solicitor for
We believe we do need an investigation to make sure that none of the
Public Officers within Devon CC have committed misconduct in a Public Office or
even worse a conspiracy to pervert the course of Justice and to make sure those
Public Offices who do have integrity and honesty as most of them do will not be
tarnished by the same brush as those who abuse their powers.
T & L M Baker
We feel that we should add when Devon CC started this action they had no
concerns about the consequences their actions would have on other members of
our family, other than me. When our daughters were diagnosed with breast cancer
we could not move because of the boundary dispute and 5 years later when the
breast cancer returned we still could not move because the dispute was still
going on. This time our daughter needed us more than ever because she now had
two young children we could not always make it and that hurt us so much. It
hurt because for all those years we had supported so many families with
seriously ill children but when it came to our own daughters we could do very
little because we were just too far away.