A pensioner who waged war with his neighbour over six-and-a-half inches of land is now £40,000 out of pocket after losing their bittle legal battle.
Trouble flared for John Micallef, 71, from Hanwell in west London, when he asked his neighbour to replace a rotten fence between their gardens.
But when the new boundary was erected, father-of-two Mr Micallef said it was jutting into his land.
A firecely contested legal clash ensued with both parties spending thousands over four years on the miniscule land dispute.
Although Mr Micallef signed a settlement that gave his neighbour the land, he felt tricked into doing so and still believes his neighbour has stolen the six inches from him.
Even since losing the legal battle, the pensioner, who says he is ‘very careful’ with his money, claims the process was rigged against him.
He told the Daily Mail: ‘He’s taken six-and-a-half inches on my side. Even a blind man can see this.
‘I’ve never caused problems. And to do these things to me for something I never did? How would you feel, £40,000 gone?
John Micallef, 71, (pictured) has been left £40,000 out of pocket after blowing thousands on a legal battle over six inches of land
He claimed his neighbour’s fence encroached on his land but he lost the legal battle to prove it
Despite this, he feels hard done by and believes the system was rigged against him. He is still speaking to lawyers about the fence
‘I’m 72 in three months. I could do with 40 grand. I don’t blow money away, I’m very careful.
‘[I have] sleepless nights, anger, frustration. He’s scared [to] s*** of me.
‘When he sees me, he goes in because he’s so embarrassed. He can’t face me.
‘If you speak to him, you can tell he’s got a lot of attitude.’
Mr Micallef, an entrepreneur, added: ‘From day one, I could see there was a bit of a misunderstanding. Their fence was rotten.
‘I kept asking, ”Please change it,” because rats and foxes were all coming in and out.
‘Eventually, they said they were going to replace it. As he was building it, I noticed very quickly that he was coming onto my land. I said to him, ”Hang on a minute.”
Plans for Mr Micallef’s neighbour’s home show their wall is 180mm back from the boundary line, or around seven inches. In this plan, Mr Micallef’s home is on the left
An inspection report also shows his neighbour’s fence lining up with the boundary line
Mr Micallef, a father of two, said he has struggled to sleep because of his frustration over the six-inch gap
‘He just carried on, ignored me and then I got a bit angry and got a solicitor.’
Despite the loss, Mr Micallef is still speaking to a solicitor about his neighbour’s fence.
Documents seen by the Mail appear to show the fence is built on the correct side of the boundary line between the two properties.
Mr Micallef’s neighbour told the Mail: ‘This matter was resolved through a formal settlement agreement.’
Saljuq Haider, a partner at the law firm Taylor Walton said: ‘This appears to be a dispute over the boundary settlement agreement rather than the boundary itself.
‘Sadly, poorly drafted or misunderstood boundary plans in boundary disputes settlement agreements can reignite the dispute. Disputes over settlement agreements are not uncommon and difficult to unwind once formally agreed.
‘There are limited circumstances whether parties can avoid liability under a settlement agreement, for example by proving some form of duress or fraud. Once signed, if a party does not comply with the terms of the agreed settlement, it can leave that party open to a breach of contract claim.
Property expert Jonathan Rolande, the founder of House Buy Fast, said: ‘Disputes with neighbours should be avoided whenever possible, as they can have a serious impact on both the enjoyment and the value of a property’
Mr Micallef claims the fence is too close to his wall and is therefore over the boundary line
‘It is important that settlement agreements are drafted by a property professional and agreed and signed by both parties.
‘In boundary disputes, it is always advisable to have the agreed plan professionally drawn up by a surveyor and attached to the settlement agreed.
‘In turn, the agreed plan should also be registered with the Land Registry to reflect the agreed boundary.
‘Unresolved disputes over land can cause issues when trying to sell a home. Form TA6 (Property Information Form) requires sellers to state whether there is any dispute with neighbours (including boundary disputes) and if it remains unresolved.
‘If any misleading information is provided on this Form, it can leave the seller open to being sued for misrepresentation.’
‘Boundary disputes can be emotive and expensive. If you cannot settle amicably, seek to resolve matters through formal mediation at an early stage.
‘Only if that fails, turn to the courts for a determination of the dispute.’
Property expert Jonathan Rolande, the founder of House Buy Fast, said: ‘Disputes with neighbours should be avoided whenever possible, as they can have a serious impact on both the enjoyment and the value of a property.
‘When selling, any ongoing disagreements must be disclosed on property information forms, and sensible buyers are often deterred by conflicts, potentially reducing the sale price or causing delays.
‘Failing to declare a dispute can lead to costly litigation in the future.
‘Pride should never get in the way, striving for an amicable resolution benefits everyone.
‘Resolving issues cooperatively preserves the property’s value, maintains goodwill, and prevents unnecessary stress and expense in the long term.’
An Ealing Council spokeswoman said: ‘Boundary disputes and encroachment are civil matters, and typically end in legal action being taken if mediation doesn’t work. In this case, it has resulted in legal proceedings being taken.
‘If residents have concerns about disputes, they should seek independent legal advice.’
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