A years-long boundary dispute between neighbors in Nazeing, Essex, culminated in the use of chainsaws to cut down trees and a wooden fence, leading to a High Court ruling that ordered one family to pay $209,000 in legal costs.
The conflict, which spanned eight years, involved Robert and Amanda McCarthy, who had lived in their home for nearly two decades, and their neighbors, Foulla Bowler and her siblings John Barberis and Mary Englishby. The dispute intensified after the McCarthys purchased a small plot of land adjacent to their garden in 2018.
The neighboring family then claimed ownership of a significant portion of the McCarthys' property, including part of their patio, fence panels, and approximately 30 Leylandii trees. According to a judge's ruling, the Bowler family repeatedly trespassed on the McCarthys' land, destroying fences, cutting down trees, and spraying weedkiller on the disputed area.
Attempts at mediation failed when the siblings reportedly demanded $50,000. The McCarthys subsequently took the case to court, where they were awarded a decisive victory. The judge dismissed the siblings' claim to the disputed territory and, describing their actions as "high-handed" and "bullying," ordered them to pay $209,000 in legal fees.
Video footage submitted as evidence showed relatives and contractors using chainsaws to cut down the fence between the properties and hacking at posts with a handsaw. The felling of the Leylandii trees occurred on March 3, 2020, and again on January 6, 2022. Amanda McCarthy described the incident in 2022, stating that her children informed her that the trees were being cut down and she saw a contractor in her garden.
When Mrs. McCarthy attempted to photograph the contractor's van, a family member accused her of stalking. After police were called, the contractor continued to cut down the trees. By the end of the day in 2022, 27 of the 28 trees had been removed. The McCarthys reported that police informed them it was a civil matter and no further action would be taken.
Following the destruction of the trees, large piles of logs were left on the ground, which the McCarthys stated were later used by the neighbors to heat their home. The removal of the privacy fence and trees left the McCarthys' garden exposed, with the neighbors allegedly able to see into their kitchen. The McCarthys also claimed that their children were subjected to verbal abuse and that neighbors would shout "get off my land" when they entered their garden.
The McCarthys attempted to resolve the dispute through mediation, but they allege that the other family prolonged the proceedings and later reneged on an agreement for a new boundary. The siblings then demanded $55,000, prompting the McCarthys to pursue legal action.
Judge Alan Saggerson ruled that the siblings had trespassed and taken "unilateral action to re-order the disputed boundary." He further stated that the claimants had been victimized by "high-handed, oppressive behaviour" that extended "way beyond the ordinary course of trespass."
The McCarthys expressed distress over the prolonged ordeal, with Mrs. McCarthy stating that her mental health suffered significantly and that she now dislikes her home due to the experience. They questioned why local councils do not become more actively involved in property disputes to prevent protracted legal battles.