Shropshire Star

Get it sorted, judge tells families at war

A judge has told two warring neighbours to sort out their differences and save themselves a lengthy and expensive court hearing.

Published

Martin and Lisa Carey have brought an action against their neighbours Richard and Susan Burgoyne, claiming they have been the cause of the "most horrific time of our life".

At Welshpool Magistrates Court, Judge Andrew Keyser QC turned down the Careys' request for a temporary injunction and told both couples they should be capable of resolving the issues without resorting to legal action.

The Burgoynes bought Rhos farm, in Sarnau, in 2008 when the Careys were already living at Higgery Piggery, which is surrounded by the farm's land.

Mr Carey had asked for a temporary injunction to prevent the Burgoynes from interfering with the electricity supply, to prevent them from observing his property with CCTV, to divert a pond which regularly floods the Careys' land, and to stop the Burgoynes from allegedly harassing his family.

Mr Carey said: "It has been the most horrific time of our life which led to my hospitalisation in a mental home with bipolar and post-traumatic stress disorder."

He said he had had a "gentleman's agreement" with the previous owners of Rhos Farm over his electricity supply, but as soon as the Burgoynes moved in they cut it off, then blocked attempts to arrange for a permanent supply to be put in.

Mr David Green, representing the Burgoynes, said the couple had not known about the electricity supply to Higgery Piggery when they moved in but had been willing to comply with an easement which allowed the Careys to run an underground electric mains cable through their land.

He said the CCTV camera which had been positioned looking towards a gateway into Higgery Piggery had been moved so that it could not see any of the Careys' land.

And he said the flooding problems with the pond are being caused by a broken pipe which could have been damaged when a hardcore track was laid.

Judge Keyser said as the Careys are not living in Sarnau there would be little point in making a temporary injunction.

He said: "I take the view that no such injunction should be given but what is needed is for direction to bring the matter to as quick a determination as possible."

The case will be heard on a date to be fixed between October and January 2016.

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