Fleming estate battles over `worthless` piece of land

Two of Britain’s best known families were engaged today in a costly legal battle - reports the Scotsman.

Battle lines have been drawn on the northern border of the Nettlebed estate, Oxfordshire, owned by the descendants of James Bond author Ian Fleming.

Trustees of the estate have fallen out with next-door neighbour Victor Bingham, 40, a cousin of Lord Lucan, the fugitive aristocrat who vanished mysteriously in 1974.

In February 2004 the Flemings won an injunction banning Mr Bingham from setting foot on a 5ft-wide swathe of grass running between their estate and his property, Kiln Cottage.

The family of Mr Bingham, a publishing director from nearby Henley-on-Thames, bought Kiln Cottage from Fleming’s brother Peter in 1960.

The 17th century property is where Fleming is said to have written his first 007 novel, Casino Royale.

It is situated on the opposite side of the land to the neighbouring Nettlebed Estate, bought by banker Robert Fleming in 1903.

Until 18 months ago there were large poplar and birch trees on the strip in question.

But Mr Bingham had them chopped down as they were overhanging the £650,000 cottage, he said.

The move sparked the rift that has now ended up being settled at Oxford County Court.

Mr Bingham claims the towering trees presented a danger to his tenant, his aunt Rosemary McKenzie, 63, a childhood friend of Lucy Fleming, heir to the Nettlebed Estate.

But the patch – still roped off – was not his to mess with, the Flemings argue.

It is common land owned by the Nettlebed Estate, they said.

An injunction was then imposed, barring Mr Bingham from the land.

Mr Bingham and his deaf aunt are now co-defendants at Oxford County Court.

Nettlebed Estate trustees are claiming £5,000 damages and £120,000 in legal costs for both sides.

Mr Bingham and his aunt want Kiln Cottage’s boundary extended and the injunction overturned.

Two years ago Mrs McKenzie moved out of the 17th century property as it had fallen into disrepair.

There also appeared to her to be a risk from the trees that had “gone wild,” Mr Bingham told the court.

Six months later, having embarked on a £150,000 renovation project, Mr Bingham chopped down the trees he considered to be a danger.

Mr Bingham claims he was advised by estate agents that if he ever wanted them to sell or rent the cottage for him, the trees had to be removed.

He said outside court that the case could have been avoided if lawyers had simply agreed on where exactly the boundary was.

“A snow flake can turn into a snow ball which can cause an avalanche and this has avalanched out of control,” he said.

“It’s ridiculous for a boundary dispute. The land in question is worthless to the Nettlebed Estate and it’s worthless to us.”

Thanks to `JP` for the alert.

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