A STUBBORN neighbour has lost his life savings after becoming embroiled in a bitter feud over a 16-inch strip of land.
The Hortons have been fighting the Orchards for years over a boundary dispute in Essex, leaving them thousands of pounds out of pocket.
Jonathan and Carolyn Orchard says the their neighbour’s new home encroaches on their land[/caption]
Samuel Horton refuses to back down from the £200,000 boundary row[/caption]
The long and tenuous legal battle ended up with the Hortons being ordered to pay over £200,000, but today they have spoken out.
Despite the ruling to pay up, Samuel Horton, 69, declared he would do no such thing and insists he had “no regrets.”
The furious neighbour today announced: “I will not hand over a single penny.
“I don’t regret one bit as I am in the right and had no choice.”
The boundary brawl began when the pensioners decided to downsize after moving into Downham Road, Essex, in 2005.
They sold their £815,000 home in 2020 and converted their detached garage into a small two-bedroom home, erecting the soon-to-be conflicting boundary in the process.
A wall they built was 16 inches too close to their neighbour’s garden – which belongs to Jonathan and Carolyn Orchard, 65 and 63.
The initial conversion plan was already seen as controversial and received a flurry of complaints from the concerned neighbours.
Mr and Mrs Orchard have lived at their home near Billericay since 1999 and were furious that the Horton’s converted garage had crept onto their property.
They lodged a “complaint of trespass” with planners at Chelmsford County Council demanding their neighbours retract their building within two months.
In response, the Horton’s showed a report which stated their wall was in fact not too close to the boundary and placed wooden stakes in the ground where they claimed the actual boundary was.
Aghast that their neighbours had placed wooden stakes in their garden, the Orchards vehemently disagreed and fought back.
Despite them only lodging their initial complaint, the case eventually went to court.
As both sets of neighbours refused to back down and the first hearing was at Chelmsford County Court.
In July 2023 Judge Duddridge ruled that the Orchards were right and believed the “boundary was not being advanced in good faith,” ordering the Hortons to settle up.
The payments included the Orchard’s cost of the trial, a whopping £145,000, further application costs, and £35,000 in damages.
This tots up to more than an eye-watering £200,000.
Regardless of their tremendous loss, the Hortons battled on.
The pair applied to a High Court judge and lost last year, and then attempted twice again in this year alone.
Their barrister supplied new evidence, a 67-year-old document, which suggested a different boundary line again.
Joseph supported Samuel Horton, suggesting: “This is an elderly gentleman, they’re both retired, they’re both on state pensions.
“It is very obvious they are trying very hard to right a wrong.”
However, the Orchard’s barrister, Carl Brewin, disagreed and said the Hortons only have themselves to blame for their financial turmoil.
He said: “They are in the position they are because they have contested every application, contested the claim and they have lost.
“Ultimately, the Hortons cannot get over the fact that they lost.”
Now the Hortons remain saddled with the £200,000 ordered, as well as the cost of their own barristers.
After the mammoth sum was ordered, a High Court judge urged the stubborn Hortons to accept defeat.
Mr Justice Miles said: “They must face up to the fact that the boundary is where the judge has ordered – there must be an end to litigation.”
Samuel Horton remains adamant he won’t spend a penny and vows that the fight is not over.
What to do if you find yourself in a neighbour feud
Check Your Property Documents
Start by reviewing all the documents you can access about the case. The more evidence you have the more likely you will be successful. Ensure you have a leg to stand on before entering a legal battle.
Communicate with Your Neighbours
Approach your neighbours calmly and politely to discuss the issue and try to reach an amicable agreement before taking any formal action. Sorting issues before they go to court can save money, stress, and time.
Look for a Surveyor
If there’s disagreement, hire a professional surveyor to conduct a survey. This can provide a bit of clarity and might help resolve the matter without legal intervention.
Seek Legal Advice Early:
If the dispute cannot be resolved, consult a solicitor experienced in property law. They can advise on your rights and the best course of action.
Be Prepared for Costs
Boundary disputes can be expensive, especially if they go to court. Legal fees, surveyor costs, and potential damages can quickly add up. Make sure you weigh the financial and emotional toll of litigation against the value of winning the dispute.
Respect Court Decisions:
If the matter reaches court and a ruling is made, accept the decision to avoid further costs and stress. Prolonging a case, as seen in the Hortons’ situation, can lead to significant financial hardship.
The Hortons and Orchards have been battling since 2020 about a 16inch boundary[/caption]
