Neighbour disputes can be some of the most emotionally charged matters we deal with. When disagreements escalate, they often go far beyond legal boundaries and begin to affect daily life, wellbeing and peace of mind.
This neighbour dispute, handled over the course of four years by Director & Solicitor-Advocate Kristy Ainge, is a clear example of how early advice, expert evidence and a calm, consistent legal strategy can ultimately deliver justice, even in the most challenging circumstances.
The Background
Our clients instructed us shortly after moving into a new property, where they had begun renovation works. As part of improving their garden, they removed several conifer trees located on their side of the fence.
This action prompted an immediate and hostile response from neighbouring owners, who alleged that the trees belonged to them and that the fence did not represent the legal boundary between the two properties. A solicitor’s letter quickly followed.
What began as a disagreement over trees soon escalated significantly.
Escalating Allegations
The neighbours went on to make further claims, alleging that:
- A long-standing extension built in the 1980s trespassed over the boundary
- A window and guttering encroached onto their land
- Our clients’ actions had diminished the value of their property
In addition, counterclaims were later brought alleging harassment by our clients, alongside demands for damages.
At this stage, our dispute resolution team was instructed to robustly defend the claims while continuing to explore opportunities to resolve matters without court proceedings.
Expert Evidence and Litigation
Given the complexity of the boundary issues, we obtained specialist expert evidence and historic documentation to establish that:
- The conifer trees were wholly within our clients’ garden
- The extension did not trespass
- The window and guttering did not encroach onto neighbouring land
Despite repeated attempts to resolve the dispute, including multiple settlement offers and a proposal for each party to bear their own costs, the matter could not be settled. The neighbours instructed their own boundary expert, whose opinion conflicted with ours, making litigation unavoidable.
Harassment and Personal Impact
As the dispute continued, relations deteriorated further. Our clients were subjected to repeated harassment, including verbal abuse, threats of violence and intimidation. One incident resulted in our client falling from a ladder during a heated confrontation over the garden wall.
Extensive CCTV footage captured much of this behaviour and later formed a significant part of the evidence presented at trial.
Trial and Judgment
The case proceeded to a six-day trial in Worcester. After hearing detailed expert evidence and reviewing the extensive documentation and video footage, the court found entirely in favour of our clients.
The judgment confirmed:
- The legal boundary was as identified by our expert
- Our clients were granted access under the Access to Neighbouring Land Act to remove ivy from the neighbouring property
- Our clients were awarded £5,500 in damages for harassment
The neighbours were unsuccessful on every aspect of their counterclaim.
Costs and Final Outcome
At a subsequent costs hearing in January, the court awarded our clients almost 100% of their budgeted legal costs — an outcome that is extremely rare.
In addition, our clients had beaten a formal Part 36 offer made in April 2023, meaning the neighbours were ordered to pay:
- An uplift on damages
- Interest from the date of the offer
- Indemnity costs from that point onwards
In total, the neighbours are now liable for approximately £120,000 in legal costs.
An application for permission to appeal was refused at the hearing. Although new solicitors have since been instructed, the judgment remains firmly in our clients’ favour.
A Difficult Case, Handled with Care
This was a particularly challenging matter to manage. Throughout the four-year dispute, our clients consistently sought compromise and resolution, even when faced with aggressive behaviour and unfounded allegations. Our role was not only to protect their legal position, but to guide them calmly through a highly stressful process.
This case demonstrates the importance of expert evidence, strategic litigation management and persistence, but also the value of measured advice when emotions are running high.
We’re here to help
If you are facing a complex neighbour dispute, early specialist advice can make all the difference. Our Dispute Resolution Team are here to help.
Get in touch with our team today to arrange a meeting with one of our experts. Speak to a member of our team on 0800 118 1500 or complete the form below.
Disclaimer
This blog was written by Kristy Ainge, Director & Solicitor‑Advocate, in our Dispute Resolution Team. The contents of this blog, or any other published by Talbots Law, cannot be considered as legal advice so you should take no action without prior consultation with a qualified solicitor or legal professional. The contents of this blog refers to the process in England and Wales.