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Last Updated: Thursday, 26 August, 2004, 13:24 GMT 14:24 UK
Pensioner's house divided in two
Derrick Bensted by partition wall
The partition wall cuts Derrick Bensted's home completely in half
A pensioner has lost half his home, after bailiffs moved in and built a wall down the middle of it.

Derrick Bensted, 77, had been ordered to move out of half of Stag Cottage in Whitstable, Kent, because of a dispute over a lease, but had vowed to remain.

He inherited the home unaware previous owners had rented half of it from the Whitstable Oyster and Fishery Company.

He has now lost the kitchen, a bedroom and half the living room after a court upheld an ancient Victorian lease.

I'm quite amazed that it's come to this
Derrick Bensted
Mr Bensted now has to wash up in his bath, but said he still intended to live in the property.

"It's just an aggravation, but I am just going to live in this part of the house, partition or not.

"I don't understand the legality of it.

"I'm quite amazed that it's come to this, but I intend to stand up for any rights I may have."

Dishes being washed in bath
Derrick Bensted now has to do his washing up in the bath
The house was first built as a pub and was expanded on to land owned by the oyster firm.

Successive owners paid rent to the company for the section it owned.

But when Mr Bensted inherited the house in the 1990s, he believed he owned it all and did not pay.

The oyster company offered Mr Bensted �80,000 for his half of the house, while he offered the firm �14,000 to buy its part.

The Whitstable Oyster and Fishery Company said on Thursday it had never wanted the situation to come to this.

It said had tried to negotiate with Mr Bensted, but that he had not wanted to talk.

It said someone else could move into the other half of the house.




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