Three siblings could be forced to pay more than £250,000 after a judge ruled they trespassed and cut down 33-foot Leylandii trees in their neighbours' garden in Nazeing, Essex. The case, described as a 'protracted and potentially ruinous boundary dispute' by Judge Alan Saggerson, stemmed from a row over the garden boundary between the McCarthy family and their neighbours, Foulla Bowler, John Barberis, and Mary Englishby.
Robert and Amanda McCarthy, who bought their home in 2001, said the 'systematic destruction' of their garden ruined the privacy of their home. The siblings had pulled out the back fence and hired tree surgeons to remove the trees, claiming they were on their land and causing 'overshadowing'. The judge found the siblings had 'trespassed' and taken 'unilateral action to re-order the disputed boundary'.
The McCarthys sued for nearly £250,000 in costs and damages, including £115,000 in compensation and £130,000 in legal fees. The full cost to the siblings will be decided later, but they are likely to be liable for both their own and the McCarthys' legal bills. The judge noted the dispute was 'fence wars' between the neighbours.
During the trial, Mr McCarthy described the felling as an 'invasion' and 'relentless destruction', saying he could now be seen from his upstairs windows. The siblings argued the boundary was beyond the fence, making the trees theirs, but the judge ruled in favour of the McCarthys on the boundary location.
