Civil litigation neighbour dispute

A couple in Market Weighton have spent tens of thousands of pounds in a row with neighbours over a hedge say they’re prepared to go to jail to prove it belongs to them.

In 2012 when Steve and Sandra Marshall discovered a hole had been cut from the middle of the bushes.

Their next-door neighbours say that they own the shrub – which sits between the two properties and that they should be allowed to trim it.

The Marshalls insist the shrub is theirs and state that they have accumulated £56,000 of unpaid fees on top of the £15,000 they have already paid.

Judges have already ruled that the hedge lies on the neighbours’ side of the boundary. The Marshalls have been told they cannot cut the bush and must let someone onto their property to trim it instead.

However, the Marshalls have refused permission onto their land. They are now risking a fine or a prison sentence after they turned surveyors away, as they are now in breach of an injunction.

Churchill Insurance, who are the next door neighbours’ insurers, and who will have been funding the neighbours’ claim, has declined to comment.

If you find yourself in a civil litigation neighbour dispute or indeed you have been served with an injunction for whatever reason then we suggest you speak to Shalish Mehta in our civil and commercial litigation department or email sm@wrigleyclaydon.com. He can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

If you knew there had been a previous civil litigation neighbour dispute would that put you off buying a house?

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Shalish Mehta

Shalish is an experienced dispute resolution solicitor who joined the firm in 2002 ago upon qualifying as a solicitor and provides a proactive approach whilst retaining the personal touch to help you achieve the best possible outcome for your case. He acts on behalf of both private individuals and commercial clients. He can assist and advise at any stage of a dispute including mediation through to court action and injunctions. Shalish is a keen sportsman, regularly playing cricket and five-a-side football and also watching live sport. He enjoys city breaks and takes great pleasure in sampling different cuisines from around the world. Shalish is fluent in Gujarati and will happily represent those for whom Guajarati is the first language, in English. He is also happy to offer his services as a translator to our clients as necessary. What clients say about Shalish: “We feel the service was perfect and found our solicitor, Shalish Mehta, very professional and helpful in all aspects”