Resident to pay £160,000 after losing garden dispute

Tue 15 Dec 2009

A property owner has been forced to pay a six-figure sum in legal bills after a judge ruled against him in a land dispute.

Martin Charalamous of Gloucestershire had already taken his grievance against his neighbour in front of a county court but lost the case.

Mr Charalamous was disputing the ownership of six square metres of his front garden with his neighbour Robert Welding.

After losing the initial case, he took his objection to the Court of Appeal, but again failed to persuade the judge to rule in his favour.

This means he must now pay legal costs in the region of £160,000.

Mr Welding welcomed the verdict, saying he was very pleased with the result.

However, he said that while he bears no ill will towards his neighbour, he does not believe the dispute should ever have gone to court.

Garden Law recommends that if there is uncertainty about where a boundary is between two properties, or who owns a particular piece of land, the homeowner should consult the title deeds and ask their solicitor for a copy of the boundary plan.

Emma Chadwick, a partner at Winckworth Sherwood, added: "Lawyers must advise their clients about the alternatives to litigation and discuss with them whether mediation or a referral to the Land Registry Adjudicator might be more economic and provide a quicker resolution.

"Title plans and conveyancing documents do not always provide the full picture and thorough investigation is paramount when considering or responding to a boundary dispute."