Essex siblings pay £209,000 bill for felling neighbour's trees
Headline by Prism · from 1 report
Siblings in Essex must pay over £200,000 in damages and legal costs after trespassing on a neighbour's land to cut down trees.
The brief
Written by software from the 1 report below.
- Three siblings were ordered to pay damages and legal costs for trespassing and cutting down trees in a boundary dispute.
- A judge ruled that the removal of these trees significantly impacted the victims' privacy and use of their garden.
- The court found that the siblings acted in a high-handed and bullying manner.
- The siblings are now selling their home following the legal judgment.
Who said what
6 quotes · 1 outlet
Only words found exactly in the article are shown, attributed and linked to the line they came from.
Robert McCarthy
3 quotes · 1 outlet
“The trees were well-established when we moved in”
In the article
…Dispute turns into court battle The court heard that the McCarthys believed the old fence marked the boundary when they bought their home. Robert McCarthy said the trees were already well established at the time. “ The trees were well-established when we moved in ,” he told the judge, as quoted by The Standard. “We thought the chain link fence was the boundary as it ran along. I had no reason not to believe that to be the boundary,” McCarthy added. The siblings, however,…
“We thought the chain link fence was the boundary as it ran along. I had no reason not to believe that to be the boundary”
In the article
…the boundary when they bought their home. Robert McCarthy said the trees were already well established at the time. “The trees were well-established when we moved in,” he told the judge, as quoted by The Standard. “ We thought the chain link fence was the boundary as it ran along. I had no reason not to believe that to be the boundary ,” McCarthy added. The siblings, however, maintained that the fence and trees were actually on their land. They said they had the right to remove them because they were causing 'overshadowing' and could potentially…
Alan Saggerson
2 quotes · 1 outlet
“The centre of gravity in this case is the cutting down of trees on or around the border, which in my judgment caused a trespass and had a serious impact on the claimants’ amenity in a number of ways. It opened up their rear garden to the unwanted attention of their neighbours”
In the article
…McCarthys’ legal costs. The amount comes on top of the siblings’ own court costs. The judge said the cutting down of the trees had caused a trespass and had a serious effect on the McCarthys’ use of their property. “ The centre of gravity in this case is the cutting down of trees on or around the border, which in my judgment caused a trespass and had a serious impact on the claimants’ amenity in a number of ways. It opened up their rear garden to the unwanted attention of their neighbours ,” he said. The judge also referred to “unfortunate acrimonious shouting and terms of abuse being hurled from the defendants’ garden into the claimants’ garden”. He said the couple had stopped inviting people round and…
“It seems clear to me that the claimants have been victimised by high-handed oppressive behaviour. It goes way beyond the ordinary course of trespass”
In the article
…at the front of their house,” he said. The judge further said the situation had a detrimental effect on Amanda McCarthy’s mental health. He also criticised the siblings’ “aggressive and somewhat bullying behaviour”. “ It seems clear to me that the claimants have been victimised by high-handed oppressive behaviour. It goes way beyond the ordinary course of trespass ,” he said. £105,000 tree replacement rejected The McCarthys had sought enough money to replace the removed trees with new trees measuring about 8 metres tall. That work was estimated to cost £105,000. Judge Saggerson…
Amanda McCarthy
1 quote · 1 outlet
“After the invasion it feels completely destroyed. There's little or nothing left of what was our garden. Since the invasion we don't use the garden at all”
In the article
…home. Amanda McCarthy said they had “only ever used the front rooms of their house” since the trees were removed. She also told the court that she had become “depressed as a result of the stress that has been caused”. “ After the invasion it feels completely destroyed. There's little or nothing left of what was our garden. Since the invasion we don't use the garden at all ,” she said. Foulla Bowler and John Barberis outside Central London County Court. The couple had sought compensation that included the cost of planting new trees and restoring their privacy. They also asked the court to…
Coverage
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NamedUnited Kingdom · Nazeing · Alan Saggerson · Amanda McCarthy · Central London County Court · Christopher Coyle · Foulla Bowler · John Barberis · Mary Englishby · Robert McCarthy
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