SIBLINGS ORDERED TO PAY £209,000 AFTER FELLING NEIGHBOUR'S TREES

Three siblings have been ordered by Central London County Court to pay £209,000 following a boundary dispute with their neighbours in Nazeing, Essex. Judge Alan Saggerson ruled that Foulla Bowler, John Barberis and Mary Englishby "trespassed" into their neighbours' garden in 2018 when they removed a fence and hired tree surgeons to fell a line of 33-foot Leylandii cypress trees. The court ordered the siblings to pay approximately £30,500 in damages and £178,668 towards the McCarthys' legal costs. The judge described the siblings' actions as "bullying" and "high-handed", stating they had taken "unilateral action to re-order the disputed boundary" between the properties.

Robert McCarthy and his wife Amanda had previously lived "in relative harmony" with their neighbours before the boundary dispute emerged. The McCarthys testified that the felling of the trees had caused "systematic destruction" of their garden and eliminated their privacy for years, forcing them to remain in the front of their house. Mrs McCarthy's mental health deteriorated and she developed depression as a result of the neighbours' actions, the court heard. The judge found in favour of the McCarthys regarding the true location of the boundary between the two properties.

Following the court's decision, the three siblings are now selling their childhood home to meet the financial penalties imposed. Judge Saggerson stated that the McCarthys "have been victimised by high-handed oppressive behaviour". The ruling concludes a lengthy legal process that began when the boundary dispute first surfaced in 2018.