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Neighbours' £200,000 legal bill
A feud over a four-foot wide strip of land has seen neighbours rack up a "staggering" £300,000 in lawyers' bills - and left one family effectively homeless.
Judge, Lord Justice Thomas, told London's Appeal Court he found the costs "astonishing" for what he called a "relatively simple dispute" over a 120 feet-long strip of land, which is between just two and four feet wide.
Paul Ashley-Gustav Woods and his wife Camilla, of 29 Windmill Street, Bushey Heath, argued they owned the land - but that was hotly disputed by their neighbours Nicholas and Joanne Newman, at number 31.
Judge Farnsworth, sitting at Luton County Court, ruled in favour of Mr and Mrs Woods in February last year, but Mr Newman mounted a last-ditch appeal against that.
At the county court last year, Judge Farnsworth heard the Newmans had, over the years, moved fence posts by mere millimetres in a bid to claim what they said was theirs. And the battle escalated when the Woods accused Mr Newman of taking a power tool to their climbing rose - which he said was damaging his car.
Mr Newman told the Civil Appeal Court he and his family - including children aged eight and 11 - had not been home since May 2005, living in six different houses and two hotels.
He said he had spent between £80,000 and £90,000 of his own cash, as well as £50,000 of legal insurance money, on the case.
The court heard Mr and Mrs Woods have built up a total legal bill of £212,001.
"I would love a situation where I could walk away and rebuild my life," Mr Newman told Lord Justice Thomas. He argued the County Court hearing had been unfair', and presented fresh evidence in a bid to win the right to a full appeal hearing.
Among the battle grounds bitterly fought over by the warring neighbours was a pergola put up by the Newmans in their garden in 2002 and the repositioning of a fence post, which the Woods said encroached 10cm onto their land.
In May 2003, the Woods said Mr Newman cut down a dead tree, taking down some of the border fence in the process, and replacing it with a steel grill, again encroaching into their garden.
Mr Newman was also said to have strung up a steel cable between the two properties, damaging his neighbours' Rhododendron bush.
Finally, in autumn 2003, the Newmans were accused of taking down four fence posts and moving them between 25 and 30 centimetres into their neighbours' garden - sawing off Rhododendron branches in the process.
The Woods' also said their plants came in for more damage when Mr Newman cut back foliage, including a climbing rose, with a power tool', because he said it was scratching his car.
Refusing to grant Mr Newman permission to appeal, Lord Justice Thomas said there was no doubt' he felt aggravated' at the outcome of the case.
"It is sad that this relatively simple dispute has caused costs, on the one side, to be over £200,000," he told the court.
"These are truly staggering sums of money and it is most unfortunate that such sums should have been incurred to the disbenefit of those involved."
But he said it was not his place to "interfere with findings of fact and credibility by a judge", calling the county court ruling "reasoned".
"There is no real prospect of Mr Newman being able to persuade this court those findings were wrongly made," he said.
Lord Justice Thomas added that, although Mr Newman was "articulate", his fresh evidence would have made "no difference".
Outside court, Mr Newman said "money was not the issue" and added that he just wanted his family, in particular his young son and daughter, to be able to move back to their home.
7:04am Sunday 23rd March 2008
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CommentPosted by: c may, biggin hill on 9:51am Sun 23 Mar 08
why on earth did they not just have half the strip each thank god i dont live next to these two pathetic families
why on earth did they not just have half the strip each thank god i dont live next to these two pathetic families
Posted by: David, Watford on 8:19pm Wed 26 Mar 08
If a neighbour claimed to own half your garden would you give it to him?
In any event, the boundary dispute was minor in relation to the other issues at stake. The Newmans were seeking demotion of part of the Woods’ home, the right to park on and rights of way over the Woods’ property, compensation for alleged damage to the Newmans’ car and numerous other “spurious” (in the words of the judge) issues. After years of torment and a ten day trial the judge was scathing of the Newmans' behaviour (described as “persistent, provocative and unrepentant”), declared the Newmans’ claims as bogus, ordered the Newmans’ pay all the costs on an indemnity basis and issued Mr & Mrs Newman with penal notices. In contrast the Woods were described by the judge as “straightforward”, “honest”, “reliable” and “extremely patient”.
But if you would nevertheless relinquish your property … does your neighbour know?
If a neighbour claimed to own half your garden would you give it to him?
In any event, the boundary dispute was minor in relation to the other issues at stake. The Newmans were seeking demotion of part of the Woods’ home, the right to park on and rights of way over the Woods’ property, compensation for alleged damage to the Newmans’ car and numerous other “spurious” (in the words of the judge) issues. After years of torment and a ten day trial the judge was scathing of the Newmans' behaviour (described as “persistent, provocative and unrepentant”), declared the Newmans’ claims as bogus, ordered the Newmans’ pay all the costs on an indemnity basis and issued Mr & Mrs Newman with penal notices. In contrast the Woods were described by the judge as “straightforward”, “honest”, “reliable” and “extremely patient”.
But if you would nevertheless relinquish your property … does your neighbour know?
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