Essex Siblings Face £209,000 Court Bill After Illegally Felling Neighbours’ Trees

Three siblings in Nazeing, Essex, face losing their childhood home after Central London County Court ordered them to pay £209,000 for trespassing onto neighbours’ land and cutting down a line of 33-foot Leylandii trees. Judge Alan Saggerson ruled on July 10 that Foulla Bowler, John Barberis, and Mary Englishby acted in a “bullying, high-handed” manner during a boundary dispute that began in 2018. The bill includes £30,500 in damages and £178,668 in the neighbours’ legal costs.

How the dispute started and escalated

Building boss Robert McCarthy and his wife Amanda lived in relative harmony with their neighbours until 2018, when a boundary dispute erupted. The siblings removed the back fence and hired tree surgeons to fell the line of 33-foot Leylandii trees, claiming they overshadowed their garden. The McCarthys sued, arguing the “systematic destruction” of their garden had completely erased their home’s privacy. They told the court they could not use their back garden for years and had to ban their children from having friends over.

The court’s findings and judge’s criticism

At trial in 2025, Judge Saggerson ruled the old fence marked the legal boundary between the properties. He found the siblings had “trespassed” into the McCarthys’ garden to fell the trees without permission. The judge described their actions as “unilateral” and part of “fence wars” between the neighbours. He criticised them as “high-handed” and said the McCarthys had been “victimised” by their behaviour. The judge found the siblings had trespassed into their neighbours’ garden.

The financial impact on the siblings

After a hearing this week, the judge ordered the three siblings to pay approximately £30,500 in damages plus £178,668 to cover the McCarthys’ lawyers’ bills. The total £209,000 bill comes on top of the siblings’ own significant court costs. The court declined to order payment for replanting large trees costing £105,000, but awarded £5,000 for planting young saplings instead. The judge noted that due to these financial obligations, the siblings are now selling their childhood home.

The toll on the McCarthys’ wellbeing

The court heard that Amanda McCarthy’s mental health deteriorated significantly during the dispute, leading to depression as a direct result of the neighbours’ “oppressive behaviour”. The couple’s inability to enjoy their back garden for years forced them to live primarily in the front of their house. The ruling acknowledged the psychological and quality-of-life impact that unresolved boundary disputes can inflict on homeowners.

Final Thoughts

This case demonstrates how boundary disputes can spiral into costly litigation with life-altering consequences. The £209,000 bill and forced sale of the siblings’ home serve as a stark warning that taking unilateral action on disputed land, even with good intentions about overshadowing trees, can result in trespass liability and ruinous legal costs.

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