Siblings face massive £250000 bill as court rules they trespassed and destroyed neighbour’s Leylandii trees in Nazeing Essex

What began as a quiet neighbourly relationship in the Essex village of Nazeing eventually escalated into a costly and emotionally charged dispute over land, trees, and boundaries.

Three siblings now face a financial hit of up to £250,000 after a court ruled they unlawfully entered their neighbour’s property and removed a line of tall trees.

From “Relative Harmony” to Heated Conflict

The two families—Foulla Bowler, her brother John Barberis, and sister Mary Englishby on one side, and Robert McCarthy with his wife Amanda on the other—initially coexisted peacefully.

However, tensions began to rise over time, particularly due to a row of towering Leylandii trees that stood at the center of the disagreement.

As the debate over where exactly the boundary lay intensified, what had been a friendly neighbourly relationship gradually turned into what the court later described as a full-blown “fence war.”

The Moment Things Escalated

By 2018, the dispute reached breaking point.

The siblings believed the dividing line between the properties extended beyond an existing fence, meaning the trees stood on their land.

Acting on that belief, they removed part of the fence and instructed tree surgeons to cut down the 33-foot Leylandii trees.

The McCarthys, however, strongly disagreed, insisting the trees were on their property.

They viewed the actions as an intrusion into their land and a serious violation of their home’s privacy.

The Courtroom Battle and Key Arguments

The dispute ended up in Central London County Court, where both sides presented conflicting accounts of where the boundary actually lay.

The McCarthys described the destruction as systematic and deeply damaging to their “immaculate” garden, arguing that the removal of the trees exposed their home and stripped away their privacy.

In contrast, the siblings maintained they were within their rights, claiming the trees caused overshadowing and were affecting their property.

They argued that historical understanding supported their claim that the boundary extended beyond the fence.

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The Judge’s Findings and Decision

Judge Alan Saggerson ultimately sided with the McCarthys.

He ruled that the original fence line represented the true boundary and concluded that the siblings had trespassed onto their neighbours’ property when they removed the trees.

He also found that the siblings had taken unilateral action to alter a long-established boundary agreement, despite the ongoing dispute.

The judge noted that the evidence from the siblings was less reliable than that of the McCarthys, stating they appeared to have convinced themselves of their position rather than intentionally misled the court.

Financial Consequences for the Siblings

The financial impact of the ruling could be severe.

The siblings may be required to pay around £130,000 in legal fees for the McCarthys, alongside their own court costs.

Additionally, they could face compensation payments of up to £115,000, bringing the total potential liability to approximately £250,000.

A further hearing is expected to determine the final cost.

A Dispute Years in the Making

The roots of the conflict stretch back decades.

The properties had long been separated by a fence, with both families historically treating that line as the official boundary.

The situation began to unravel when disagreements arose about ownership of the land where the Leylandii trees stood.

Despite knowing the matter was disputed, the siblings proceeded with removing trees and fencing over several years, actions that ultimately led to legal intervention.

Impact and Consequences

The ruling highlights how long-standing neighbourly disagreements can escalate into expensive legal battles when communication breaks down.

Beyond the financial burden, the case underscores the importance of clearly established property boundaries and proper legal procedures before taking action.

For the McCarthys, the decision restores recognition of their property rights and opens the door to rebuilding their garden and privacy.

For the siblings, however, the outcome represents a significant legal and financial setback.

What’s Next?

The case is set to return to court for a final hearing later in the year, where a judge will determine the exact compensation and legal costs the siblings must pay.

The ruling may also influence how similar boundary disputes are handled in the future, especially in cases where long-standing assumptions about land ownership come into question.

Summary

A dispute over a row of Leylandii trees in Essex escalated into a major legal case after three siblings removed the trees they believed were on their land.

A court has now ruled in favor of their neighbours, finding that the actions amounted to trespass.

The siblings now face a potential bill of up to £250,000, with further hearings still to determine final costs and compensation.

Bulleted Takeaways

• Three siblings removed trees they believed were on their property, sparking a legal dispute
• The neighbours claimed the trees and fence line were on their land and sued for damages
• A judge ruled the original fence marked the true boundary, siding with the neighbours
• The court found the siblings had trespassed by cutting down the trees
• The siblings could face around £250,000 in total legal costs and compensation
• A further court hearing will decide the final financial outcome
• The case highlights how boundary disputes can escalate into expensive legal battles