Dead man wins court victory

Three appeal court judges allowed the appeal

A market gardener who battled for nearly 40 years with a council over the ownership of a plot of land won a crucial victory at the appeal court in London - three weeks after his death.

William Watkins, 80, from Rhydyfelin, near Pontypridd, died on 24 January.

But his fight to stave off eviction from one hectare of land he used as a market garden for many years will now be taken on by his closest relatives, according to Mr Watkins' solicitor, David Mason.

The appeal judges effectively said the county court was wrong to strike out the defence

David Mason

The appeal court judges allowed Mr Watkins' appeal after his bids to stop his eviction from the land were earlier dismissed by judges at both Cardiff County Court and the High Court.

Mr Watkins' parents originally bought the plot of land at the end of World War 2 in 1945.

The long fight over the land's ownership began in 1964 when the family had to fight to stop the local authority - now Rhondda Cynon Taf Council - compulsorily taking it over.

The council legally took possession of the plot two years later but Mr Watkins would not be budged and put a padlock on the gate.

The plot, next to Mr Watkins' home was then used as a market garden well into the 1970s.

In 1988, the council formally registered itself as the plot's legal owner, by executing a deed poll.

'Immense delay'

But Mr Watkins still refused to give up his battle.

He claimed the deed poll was void because, by the time it was executed, the council no longer intended to turn the land into public open space.

He insisted the authority intended to turn the plot over for property development - an allegation which was strenuously denied by the council.

On Wednesday, the appeal court judges agreed there had been 'immense delay' in Mr Watkins seeking to challenge the validity of the deed poll.

However, they allowed the appeal and ordered that his argument on the validity of the deed poll should be given a full hearing, although the date has yet to be fixed.

Resolution

The council was ordered to pay 70% of Mr Watkins' legal costs and was refused permission to appeal to the House of Lords.

Later, Mr Watkins' solicitor, David Mason said:¿ The appeal judges effectively said the county court was wrong to strike out the defence.

"In allowing the appeal the defence is reinstated and the case will go back to the county court for the issues to be determined."

A Rhondda Cynon Taf Borough Council spokesman said: "This was a legal action initiated by the former Taff Ely Borough Council and over the years there have been many attempts to find a resolution."