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feud with the couple next door over five inches of land.
lan Chisholm and his wife Teresa have been ordered to pay £19 690 legal fees after losing a court battle over the position of a garden fence.
David Roberts and his wife Dr Lorraine Foreman, from Paignton, Devon, went to court to get the fence removed saying it was on their land, too high and an eyesore.
After a two-day hearing at Torquay and Newton Abbot’s County Court, Recorder Robin Tolson ruled the fence should be removed after finding it crossed the boundary between the properties.
Mr and Mrs Chisholm, said they felt crushed after losing the dispute.
Mr Chisholm, who represented himself, said: “We are devastated. I can’t understand it.
“We bought this house for a peaceful retirement in Torbay and now look what we have been through.
“I represented myself because we didn’t have the money for a solicitor. I don’t know how we are going to pay the costs.
“We might end up losing our home.”
Mr Foreman and Dr Roberts brought the case after Mr Chisholm constructed a fence between the two detached houses.
An expert report produced in court said it was impossible to pinpoint exactly where the boundary was by such a small margin.
But the judge used photographic evidence of a wall demolished before the Chisholms moved in to determine the line of the boundary.
The case centred on discussions between Mr Roberts and Dr Foreman and the previous owners of the Chisholms’ home.
There had been an agreement in the mid-1990s which stated the former owners could have a piece of land on a temporary basis.
Mr Chisholm said he erected the fence after Mr Roberts allegedly ‘threatened his wife’ and was unaware that it was on his neighbours’ land.
He said: “My wife has an alarm she wears around her neck from Victim Support because she is scared of him.”
Mr Roberts denied making any threats.
Mr Chisholm said the fence that he constructed was closer to his garage than a small wooden fence that was in place three years ago when he moved in.
At that time he believed the smaller fence marked the boundary between the two properties.
Mr Roberts said the six and a half foot fence was erected while they were on holiday and restricted their view.
He said: “I though it was a very cowardly act with no discussion and no agreement. I was very cross and so was my wife.”
Dr Foreman added: “It was an aggressive and spiteful act. We can’t see when coming out of our drive.”
Speaking outside court Mr Roberts, who brought the claim, said: “We did not want to come to court. But I am very satisfied with the outcome.”
The judge granted an injunction stating that the Chisholms must remove the fence by May 9.
He also used an injunction to restrict them from erecting further fencing on the claimants’ land. – Daily Mail.