September 25, 2023

warning of neighbour disputes seek specialist help

Warning of neighbour disputes: Seek specialist help.

<p>The Times have reported a neighbour dispute which has resulted in a teacher, Carole Ann Green, being issued with a £50,000 legal bill over a fence which she installed some 15 inches on her neighbour’s land.</p> <p>Mrs. Green moved into an exclusive development in the Worcestershire spa town of Malvern. She had planning permission to build a holiday let, and once the apartment was built in her garden she found herself in a court battle with her neighbours, Doreen and Victor Elliott, who are both in their 80’s, this couple have lived in their home for more than 25 years.</p> <p>Mrs. Green had rowed with the couple over the width of the driveway her visitors would use to get in to the holiday rental, this driveway also provides access to her own home. The pensioners placed a row of wooden batons in the ground, claiming that they had marked the border between their land and Mrs. Green’s drive. The teacher insisted they had put them in the wrong place and erected a concrete and wooden fence along the line she believed was correct.</p> <p>Court proceedings quickly followed. Mrs. Green lost her fight when Judge Daniel Pearce-Higgins at Worcester County Court found the fence she had built alongside an access lane ‘trespassed’ by just more than a foot onto her elderly neighbour’s land. The Judge refused the neighbour’s request for an order to pull Mrs. Green’s fence down but did award them damages of £2,866. He went stated: ‘This is an unhappy case. Like most boundary disputes it has attracted a lot of emotion, it is largely unnecessary and it could have been resolved years ago by a modicum of common sense and a small amount of goodwill.’</p> <p>Mrs. Green, who has fought with her neighbours for five years, says she will now be forced to sell her home to pay her legal costs, which comes up to £50,000.</p> <p>The 58-year-old said: ‘This lawyers’ bill is going to kill me. It’s wiped out 40 years of full time work. I’ll be 60 next year and I’ve got no savings. I don’t know what I’m going to do. I don’t want to have to rely on the state, I never have. It just beggars belief.’</p> <p>Cases such as Mrs. Green’s often occur when specialist legal advice is not sought from the very beginning. If you are involved in a neighbour dispute, it is important that you are aware of your legal position before costs spiral out of control. We have a team of specialist solicitors who have successfully represented clients involved in neighbour disputes. Our solicitors can talk you through your dispute in quick appointment, with a view to trying to resolve your issues or put you in the right direction for your next steps.</p>
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