Whitstable pensioner Derrick Bensted selling Stag Cottage in Sea Wall after long Oyster Company dispute
Published: 16:22, 19 October 2018
Updated: 16:51, 19 October 2018
A pensioner is selling his half of a Whitstable seafront cottage for £320,000 after a decades-long battle over ownership.
Since 2000, Derrick Bensted has lived in one half of Stag Cottage in Sea Wall - while the sea-facing side of the property is owned by neighbouring Whitstable Oyster Fishery Company (WOFC).
The 91-year-old, now a widower, previously lived next door in Ocean Cottage with his wife Joy.
But Mr Bensted took on larger Stag Cottage following the death of his elderly neighbour Mrs Blair - after promising to continue her efforts to resolve an historic dispute over the property's boundaries.
In August 2004, the case came before court, and a decision was made over which part of the cottage belonged to Mr Bensted, and which belonged to WOFC.
The property was subsequently divided with a physical wall - meaning Mr Bensted lost his sea views, and access to some of the building's rooms.
Two years ago, the Oyster Company offered Mr Bensted £100,000, and alternative accommodation for the rest of his life, in return for his half of the building.
But the pensioner rejected the offer, branding it "insulting".
Now, after years spent living in cramped conditions, Mr Bensted is washing his hands of both the building and his long battle.
His son-in-law Blake Mackinnon, 72, said the dispute has caused great stress for his elderly father-in-law.
"It's a very sad story," he said.
"After it went to court, he had to sell Ocean Cottage to pay legal fees of about £30,000.
"He's been ground down on two fronts - getting older grinds you down, but so does growing older in the circumstances which confront him.
"It's a very complicated situation and it has a very long history."
Now Mr Bensted, a retired taxi driver, plans to move to Devon to be nearer his grandchildren and great-grandchild.
His property is described on website Rightmove as a "unique period cottage", boasting three bedrooms and two bathrooms, and is listed for £320,000.
Stag Cottage is in close proximity to the harbour and seafront.
The Oyster Company maintains it has made several attempts to resolve the unusual situation, and says it would still be happy to negotiate an agreement with Mr Bensted.
A spokesman said: "The Oyster Company has continually tried to negotiate a settlement to the unfortunate situation with Stag Cottage. This has included a cash offer and a provision of more appropriate accommodation. These have always been declined by the owner.
"The Oyster Company is still willing to negotiate with the existing owner to reach an amicable agreement for both parties and the preservation of an historic building."
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