Essex siblings felled neighbour's 33-foot trees in boundary row, hit with £209K bill
Three siblings in Essex have been ordered to pay about £30,500 in damages and £178,668 in legal costs after cutting down their neighbours’ 33-foot Leylandii trees during a long-running boundary dispute. A judge found that they had trespassed into the neighbours’ garden, while the couple said the tree removal destroyed their privacy and affected how they used their home.
Three siblings in Essex have been ordered to pay £209,000 in damages and legal costs after removing a row of 33-foot Leylandii trees during a boundary dispute. The McCarthys, who had lived in their home in Nazeing since 2001, claimed the boundary between their garden and their neighbors' was marked by a chain link fence. However, the siblings argued that the trees were on their land and removed them in January 2022.
The dispute lasted for several years, with the siblings applying for permission to fell 29 trees in 2018. Despite the McCarthys' concerns about the trees blocking their privacy and causing stress, the court found that the siblings had trespassed into their neighbors' garden and acted in a bullying and high-handed manner. The judge criticized their "aggressive and somewhat bullying behavior," describing it as a victimization beyond the ordinary course of trespass.
While the McCarthys sought compensation for planting new trees and restoring their privacy, the judge ruled that the siblings had to pay only £5,000 for smaller trees that could be planted and allowed to grow. The court also considered the McCarthys' mental health impact, awarding £30,500 in damages and £178,668 in legal costs.
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