A bitter neighbourhood feud over tree removal has ended in a legal showdown, with three siblings ordered to pay more than £209,000 after a judge found they had trespassed to hack down their neighbours' 33-foot Leylandii trees.
Building boss Robert McCarthy and his wife Amanda, from Nazeing, Essex, took legal action against Foulla Bowler, John Barberis and Mary Englishby after the siblings removed a fence and hired tree surgeons to fell the trees in 2022. The couple claimed the loss of the trees had destroyed their privacy, leaving them unable to use their back garden and causing Mrs McCarthy to suffer depression.
At Central London County Court, Judge Alan Saggerson ruled that the siblings had taken 'unilateral action' in a boundary dispute, describing their behaviour as 'high-handed, bullying' and 'oppressive'. He found they had trespassed on the McCarthys' land to cut down the trees, which were on the couple's side of the boundary.
The judge awarded the McCarthys £30,500 in damages and ordered the siblings to pay £178,668 towards their legal costs. The trio, who own the neighbouring property known as Kormakitis, are now selling their childhood home to cover the bill, which includes their own substantial court costs.
During the hearing, the court heard that the McCarthys had lived 'in relative harmony' with their neighbours until a boundary dispute erupted in 2018. The siblings claimed the boundary line was beyond the fence, making the trees theirs, but the judge rejected this. Mr McCarthy described the felling as an 'invasion' and said his family had been left unable to use their garden or have friends over.
