Christel Naish and Dr Jyotibala Patel have been fighting a seven-year long legal battle over a few inches of land between their houses – which has cost them £250,000 in lawyers’ bills
A seven-year feud between neighbours that was sparked by a garden tap and has cost £250,000 has been blasted as ridiculous by a judge.
Christel Naish and Dr Jyotibala Patel have been fighting a legal battle over a few inches of land between their houses. It began when Ms Naish, 81, claimed Dr Patel’s garden tap and pipe in the narrow gap were trespassing. After a trial, a judge last year ruled in Dr Patel’s favour on the boundary issue, leaving Ms Naish with more than £200,000 in lawyers’ bills for the case. But Ms Naish is fighting on, despite being told the case could end up costing about £500,000. Her appeal at the High Court is costing at least £30,000, it was said. Her lawyers added that if her appeal succeeds it could result in another £200,000 on a second trial.
At the High Court, judge Sir Anthony Mann blasted both parties after he heard the issue that started the dispute is no longer a concern – the tap having now been removed by Dr Patel. The judge told Ms Naish’s lawyers: “Hundreds of thousands of pounds about a tap and a pipe that doesn’t matter – this brings litigation into disrepute.
“You don’t care about the pipe and tap, so why does it matter, for goodness’ sake, where the boundary lies? It seems to be a ridiculous piece of litigation – on both sides, no doubt.”
The court heard that Dr Patel and her husband Vasos Vassili moved next door to Ms Naish in 2013, buying their house for £450,000. Dr Patel and Mr Vassili’s barrister, Paul Wilmshurst, told the judge the dispute began because Ms Naish repeatedly complained the tap and pipe trespassed on her land.
He said his clients felt forced to sue due to Ms Naish “terrorising” them with her “vindictive” grievances. At the Mayor’s and City county court trial in London in 2023, the couple said the tiny gap between the houses is theirs.
They insisted the boundary between the homes is the flank wall of Ms Naish’s house, not the edge of her guttering above, as she claimed. Trial judge Stephen Hellman found for Dr Patel and Mr Vassili last year, meaning they own the gap between the homes in Ilford, East London.
But he found against them on Ms Naish’s counterclaim, under which she sought damages for damp ingress into her conservatory caused by the couple having installed decking above the level of her damp proof course. The judge awarded Ms Naish £1,226 damages. But because he found against her on who owns the gap between the houses, he ordered her to pay 65% of her neighbours’ legal bills, amounting to roughly £100,000, on top of the six-figure sum she ran up herself.
He said: “Now the parties have the benefit of a judgment on the issues, I hope that tensions will subside and they will be able to live together as good neighbours.” But Ms Naish has now gone to the High Court for an appeal, where judge Sir Anthony Mann queried why the neighbours are battling on.
Asked what the point of the litigation is, Ms Naish’s barrister, David Mayall: replied: “Costs and the damp issue.” While Dr Patel and Mr Vassili’s barrister, Mr Wilmshurst, said the couple feel they have to fight to protect the value of their home.
He added: “It’s because for many years [Ms Naish] has been making allegations about the trespassing nature of the [tap and pipe], thereby making it impossible for them to sell their house.”
Mr Mayall argued Judge Hellman’s reasoning in finding the boundary is the flank wall was “fatally flawed” and should be overturned.
After the hearing, Sir Anthony reserved judgment on the appeal.