Neighbour dispute costs restaurant owner £160,000
The danger of letting neighbour disputes get out of hand was illustrated recently in the case of a restaurant owner who was left with legal bills of £160,000 for the sake of a small area of lawn.
The issue was where to draw the boundary line between the restaurateur’s home and that of his next door neighbour, a doctor. The restaurateur submitted that previous owners of the two properties had agreed the boundary 18 years earlier. They had both planted shrubs in line with that boundary agreement.
However, when the doctor moved into the property, he argued that the boundary should follow the line drawn in the Land Registry plans. That would give him an extra six feet of land.
The county court found in favour of the doctor so the restaurateur took the case to the Court of Appeal. However, that too has now ruled in favour of the doctor and ordered that the restaurateur should pay the costs of both sides, estimated at around £160,000. In giving the court’s decision, Lord Justice Burnton, said it was sad that so much money was being spent on a few feet of lawn.
The doctor said afterwards that he bore his neighbour no ill will, but felt strongly that the case should never have gone to court.
It is not uncommon for neighbour disputes to get a little out of hand so that the costs and energy expended seem out of all proportion to the seriousness of the offence.
It is usually better for disputes to be resolved amicably but if this is not possible then both sides should seek legal advice before attitudes begin to harden.
Clarification of the legal position may help resolve the problem right at the outset. It there is still a disagreement then a solicitor may be able to help arrange mediation so that a settlement can be reached that is fair to both sides. This approach is usually far less stressful than going to court and it may help you to maintain a good working relationship with your neighbour. This is very important as you may have to live alongside each other for many years to come.
If agreement still can’t be reached then litigation may become necessary. It is then even more important to get sound legal advice so that the dispute doesn’t escalate to a point where the costs involved are out of proportion to the value of the claim.
Please contact us if you would like more information.
Published: 28 January 2010