A neighbour has lost his appeal over disputed land ownership in Baldrine.

In September, High Bailiff John Needham ruled that David Bellamy’s claim of ownership of a small piece of land near Ballabeg halt on the Manx Electric Railway appeared ’completely unsupported’.

Now the appeal court has upheld that decision, ruling that it was ’not unjust’.

The dispute surfaced in August 2016 when Mr Bellamy’s advocate wrote to James Forster asserting that his client owned the land as part of his title to Lower Ballabeg Farm.

In the midst of the ownership dispute, a new fence and padlocked gate were installed on the northern side of the land, which the claimant argued had interfered with his right to use the land as owner or allow sheep to be driven over the land by his tenant.

But Mr Forster claimed ownership of the land as part of his title to the adjacent ’Reading Room’, also known as the ’Old Schoolhouse’.

He argued the new fence merely replaced one that had been on the land since at least the 1980s and that no corralling of sheep or parking of vehicles had ever occurred.

Mr Forster made an application for first registration of the land as its owner. Mr Bellamy objected to the registration which remains to be determined by the Land Commissioner.

The disputed land, consisting of some hardstanding and scrubby vegetation, is situated to the west of the Ballabeg MER request stop, with the Reading Room to the north and a steep bank down to the stream to the south.

The land to the south of the stream is included in the title deeds of Lower Ballabeg Farm, owned by a company controlled by Mr Bellamy. He also acquired a property known as Heathercliffe to the east of the Schoolhouse in 2016.

In his judgment, the High Bailiff said he was satisfied Mr Bellamy’s claim of ownership of the disputed land was not made out even on a prima facie basis. He said the claim of ownership appeared ’completely unsupported’ and described the claimant’s evidence of a right of way for herding or corralling sheep as ’fanciful’.

But he also noted it was not for him to make definitive findings on ownership or easement rights. Mr Bellamy appealed, seeking an order to restore the status quo and have the new fence removed.

His lawyer argued that the High Bailiff had ’erred in law’ by carrying out a ’mini hearing’ of the underlying dispute between the parties as to ownership of the disputed land, and rights over it.

But the appeal court dismissed the appeal, Judge of Appeal Jeremy Storey QC and First Deemster David Doyle saying they were not persuaded that the High Bailiff was wrong to reach the conclusion he did.