A COUPLE has won a 10- year battle against Herefordshire Council to reach their home near Bromyard.

Alan and Liz Matthews have waited a decade to legally drive the 400 metres across Bringsty Common to their converted barn.

But they’re now enjoying the ride after the Land Registry ruled the council’s case was based on a “fundamental misconception”.

The saga began in 2001 when the pair asked Herefordshire Council for a right of access to Foxhalls Barn.

They expected to gain, under a 2000 council policy, a £295 easement verifying access to the property they bought in 1988.

The council, as owner of the common, disputed the claim saying the barn was only used for agricultural purposes before then.

It also suggested a £5,500 easement over the accessway and denied it was sending the couple on a wild goose chase.

The dispute ended when Owen Rhys, an adjudicator for the Land Registry, dismissed the council’s argument.

His report said the autority’s claim was based on a “fundamental misconception”

as the barn had benefited from right of way in earlier years.

He also stated the pair had created a right of way “by prescription” having used the track for more than 20 years.

Mr Matthews, who fought the case without legal assistance, claimed the council’s fight had cost £2,400 this year alone.

“We’ve been fighting for 10 years to get access to our home in a legal sense.

This is a great relief,” said Mr Matthews.

“I can’t put my finger on how many hours we’ve lost. We’ve had no legal training but we’ve been forced into it.”

Herefordshire Council said it was not opposed to facilitating access but was upholding a policy to regulate access on common land.

Formal easements were offered to homes of 20 years or more in 2000 but Foxhalls Barn was under this limit.

The council added it could have legally forced an injunction or installed gates, and is considering an appeal.