Three siblings are set to lose their childhood home after being ordered to pay approximately £209,000 in damages and legal fees to their neighbors. The substantial court bill stems from a dispute over a boundary line and the subsequent felling of 33-foot Leylandii trees.
Robert McCarthy, 59, and his wife Amanda, 61, sued their neighbors, Foulla Bowler, 61, and her siblings John Barberis, 63, and Mary Englishby, 59. The dispute began in 2018 as a "fence war" over the boundary between their properties in Nazeing, Essex. The McCarthys claimed that the siblings illegally entered their garden, removed a fence, and hired tree surgeons to cut down the Leylandii trees that had acted as a privacy screen.
The couple told the Central London County Court that the "systematic destruction" of their garden ruined their privacy, forcing them to live in the front rooms of their house and stop having children visit. Mrs. McCarthy's mental health reportedly suffered, leading to depression due to the neighbors' "oppressive behavior."
Last year, Judge Alan Saggerson ruled in favor of the McCarthys, determining the correct boundary line and finding that the siblings had trespassed. This week, the judge ordered the siblings to pay around £30,500 in damages and an additional £178,668 to cover the McCarthys' legal expenses. The judge noted that the siblings are now selling their childhood home as a result of the financial penalty.
Judge Saggerson criticized the siblings' actions as "high-handed, bullying" and stated that the claimants "have been victimised by high-handed oppressive behaviour. It goes way beyond the ordinary course of trespass."
The McCarthys purchased their home in 2001, believing the fence bordering the Leylandii trees marked the property line. The trees were well-established when they moved in. The dispute escalated when Mrs. Bowler and her siblings asserted that the boundary was actually beyond the fence, placing the trees on their land.
Despite knowing about the boundary dispute, Mrs. Bowler applied for permission to fell 29 trees in 2018. The siblings proceeded to cut down most of the trees in January 2022, over two days, even after receiving legal correspondence from the McCarthys requesting they cease the work.
Mr. McCarthy described the felling as an "invasion" and a "relentless destruction of my garden," stating, "I want my privacy back like I had."
While the judge awarded damages for smaller replacement trees, he refused to order the siblings to pay for the cost of 8-meter tall trees, estimated at £105,000, stating it was not a "reasonable" expenditure for someone acting in their own interest.