Judge Alan Saggerson, presiding over the case in the Essex County Court, ruled that the siblings had trespassed onto the McCarthys’ property when they felled the trees. The court found the action “high‑handed” and “bullying”, and held that the removal constituted a breach of the boundary line that had been in dispute for years.
The dispute began in 2018 when Foulla Bowler and her brothers, John Barberis and Mary Englishby, claimed that the fence separating the properties did not mark the true boundary and that the Leylandii trees lay on their land. Bowler applied for permission to fell 29 trees, but the siblings proceeded regardless, cutting down most of the 33‑foot trees in January 2022.
Robert McCarthy told the court that the felling was an “invasion” that destroyed the garden’s privacy and altered how the family used their home. He said, “I can stand upstairs in my house and they can see me walking around. I want my privacy back like I had.” Amanda added that the stress had left her “depressed” and that the family stopped using the back garden entirely.
In a prior judgment, Judge Saggerson had already found the boundary to be the line of the old fence, favouring the McCarthys. He described the siblings’ unilateral action as part of a “fence war” and noted that their evidence was less reliable than that of the McCarthys, though he did not accuse them of lying.
The recent hearing saw the judge order the siblings to pay approximately £30,500 in damages and £178,668 in the McCarthys’ legal costs, bringing the total liability to £209,168. The court also highlighted the “unfortunate acrimonious shouting” that accompanied the dispute and the loss of privacy suffered by the McCarthys.
The ruling effectively ends the long‑running boundary dispute, leaving the siblings to secure the payment and the McCarthys with restored legal recognition of their boundary. The case underscores how protracted property disputes can erode community ties and personal well‑being.