The dispute centred on a 150-year-old laneway which runs along the boundary of Christine and Rodney Smart's Trevallyn home, where they've lived since 2005.

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Soon after the pair moved in, however, they were informed by the council that the fence running between the laneway and the house may need to be moved as it was encroaching on the laneway.

The path is regularly used by Trevallyn residents to access the walking trails around Cataract Gorge.

When the couple went to buy the easement and therefore resolve the encroachment, the potential sale was publicly advertised due to the laneway's then-classification as a "local highway".

The proposed sale received several objections and didn't progress, leaving the dispute over the fence unresolved.

Almost a decade ago, the council won a court case regarding the laneway, which left Mrs Smart with just three weeks to move the 30-metre fence about one metre closer to her house, most likely destroying part of her garden in the process.

"Someone told me how much it would cost to move the fence so I just decided to put that money towards disputing the decision in the Supreme Court," she told The Examiner earlier this week.

Ten years later, a Supreme Court decision came down in her favour.

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Following a lengthy submission of evidence presented to the court by Mrs Smart, Honourable Justice Michael Brett determined the laneway did not classify as a "local highway" prior to 1886 and therefore the council was not bound to maintain it as one.

This means, in theory if the sale of the land were to go forward today, it would not need to be advertised.

Mrs Smart welcomed the decision handed down in April this year and is now pursuing costs associated with the years-long legal battle up to this point.

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Whether the council will ultimately have to pay up has yet to be determined by the court, but a decision is expected in the coming weeks.

City of Launceston chief executive Michael Stretton said it had been an important issue to resolve in the court.

"The council has cooperated to assist the court in resolving this issue and welcomes the judgement handed down," he said.

"The judgment allows the council and Mr Smart to proceed to discuss how the encroachment issue can be resolved."

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