Estate Agent Loses Boundary Dispute, Faces £200,000 Court Bill

An estate agent has been ordered to pay over £200,000 in legal costs after losing a protracted boundary dispute with her millionaire neighbor, a former rally driver, over a hedge between their seaside homes in Torquay.

Sarah Douglas, 57, purchased her £700,000 property in 2017. The dispute began the following year when her then-neighbor removed a hedge separating their gardens. The row reignited in June 2021 when Ronald Channon, 87, a former national and international rally driver and insurance boss, bought the adjacent property for £1.4 million. Shortly after moving in, Channon erected a fence along the former hedge line, which Douglas insisted encroached on her land.

Douglas contended that the boundary should follow the line of the hedge's "southernmost leaf," asserting that the fence was built on her property. Channon argued the boundary should run along the line of the hedge's stems, placing the fence on his land.

A judge at Plymouth County Court ruled against Douglas, stating that a boundary defined by the outermost edge of a hedge would be impractical as it would fluctuate with the hedge's bushiness. The court found that Channon's fence was built on his own land, despite the southern part of the original hedge having occupied that space. Douglas also claimed damages for a weakened retaining bank, while Channon counter-sued for damages and harassment, though his counter-claim was dismissed.

Judge Paul Mitchell described the dispute as a "tragedy," noting the significant stress, upset, and cost incurred by both parties who were characterized as "strong characters." He ordered Douglas to pay 70% of Channon's legal costs, estimated at over £300,000, with an initial payment of £108,402 pending a full assessment.

Douglas appealed the cost order and the boundary ruling in the High Court, arguing she should not pay her neighbor's costs as she had successfully defended his counter-claim. She also contested the county court judge's decision to allow the boundary to be drawn through the middle of the hedge stems, arguing it cost her a small strip of land.

Mr. Justice Linden, ruling on the appeal, upheld the county court's decision. He stated that the judge was within his rights to deem the difference between the two potential boundary lines, described as a matter of millimeters, as immaterial. The judge also found that the county court's decision on costs was justified, as Channon had prevailed on the primary issue of the boundary line.

The High Court confirmed Douglas's liability for a significant portion of Channon's legal fees. Both parties were noted to have pursued their positions robustly, with intransigence evident on both sides.