A retired couple risk losing their home over a hedge after legal battle with their neighbour.
Ron and Wendy Long have been ordered by the Court to pay nearly £14,000 in legal costs in the boundary dispute.
The couple contacted their neighbour after they found workmen chopping down a hedge between their homes in Swanage, Dorset. Mr Long, wrote to the neighbour, Diana Lambeth, arguing that fence-posts that had been partly installed were on the couple’s land. He asked that she consult him regarding her development plans. Ms Lambeth responded by seeking an injunction.
Ron and Wendy Long have been ordered by a judge to pay nearly £14,000 in legal costs in the boundary dispute.
The couple contacted their neighbour after they found workmen chopping down a hedge between their homes in Swanage, Dorset. Mr Long, wrote to the neighbour, Diana Lambeth, arguing that fence-posts that had been partly installed were on the couple’s land. He asked that she consult him regarding her development plans. Ms Lambeth responded by seeking an injunction to prevent the pensioner from interfering with her plans.
An independent surveyor expert ruled that the boundary between their properties was in the middle of the old hedge. The Longs agreed to accept that view in an attempt to end the matter.
The Longs represented themselves in Court but they have been ordered to pay Ms Lambeth’s legal costs of £13,792. The couple told the court that they did not have the funds to pay the costs bill and a charge was placed on their home, which is valued at £650,000. This means that the neighbours can now apply for possession and sale of their home. This highlights the importance of having legal costs insurance which often is available through home insurance.
Mr and Mrs Long wrote a letter to Ms Lambeth, telling her that the couple should have been consulted on the fence location but hoping that “we can resolve this amicably”.
The couple sent more letters before Ms Lambeth named them as defendants in a county court “boundary dispute” claim, saying that the couple were preventing her from erecting a fence. The Longs claim that the judge had urged the parties to resolve the case outside court. They said they could not afford a solicitor and therefore agreed in court to the fence being constructed.
“We’ve done nothing wrong, we broke no laws, and we followed all the advice we could find,” said Mr Long. “Yet we find ourselves in this situation.” He said he wanted to “make people aware of what can happen to you. We never thought this could happen to us. We never thought someone could take our home over a hedge”.
He added that he wanted to make people aware of what can happen when solicitors get involved and the situation escalates to court.
Boundary disputes are classic situations where costs can easily escalate. We would urge people to mediate before risky and expensive court proceedings result in such outcomes. Contact us at ProMediate to find out more.