‘I’m losing my house in dispute over fence with my neighbour’
The dispute between who owns the fence began in 2023 and it has culminated in Muriel Middle, 79, needing to pay her neighbour £13,000
A 79-year-old woman says she is losing her house over a dispute with her neighbour over who owns the fence between their back gardens. Widow Muriel Middle, from Pontyclun in Rhondda Cynon Taf, has been in a court battle with her neighbour Alexander Miles since 2023 regarding the boundary fence which separates the two back gardens in the quiet residential street at Coed Mieri.
After a long legal dispute over who owns the fence the case was partially upheld in claimant Mr Miles’ favour last summer meaning Ms Middle, who was the defendant, owes him nearly £13,000. When taking into account extra costs associated with the case it has cost Ms Middle close to £20,000.
Ms Middle, a retired beauty technician and childminder who said she had been convinced she wouldn’t lose the case, said she has so far been unable to afford to pay what she owes and is in the process of selling her house to her daughter so she can free up funds to pay the money. The delay in making that payment meant the case appeared back before Cardiff Civil Justice Centre last week which Sam Middle, Ms Middle’s daughter, attended in her place.
Sam, a firefighter for South Wales Fire and Rescue Service, said: “This has absolutely crushed us. It has left my mother, who has worked all her life, needing to sell her home. She was too old to remortgage the house so she is in the process of selling the house to me to free up funds. None of this should ever have happened. It’s over a small part of a fence.”
After Mr Miles had built an extension in his back garden he removed part of the fence between the two houses so he could access a drainpipe which he told WalesOnline was for maintenance purposes. The drainpipe was originally on Ms Middle’s side of the fence before the fence was removed to make way for Mr Miles’ extension. The Middles argued Mr Miles had no place trying to access the drainpipe as it was theirs.
Ms Middle therefore objected to the fence having been partially taken down for drain maintenance purposes. The dispute became so heated police were called on multiple occasions. It culminated in Ms Middle instructing a contractor to come to her house to put panels back in the fence to fill the gap that had been left, which they did. Mr Miles wrote to Ms Middle threatening court action over her interference with the fence, informing her the fence was his and her continued interference could end up costing her “thousands”.
From Mr Miles’ side of the fence it’s clearly identifiable what panels were put in by Ms Middle’s contractor due to the difference in colour. Mr Miles said this meant he could no longer access the drainpipe and the panels Ms Middle had put in were not in keeping with the rest of the fence in terms of size or colour. According to Mr Miles’ solicitors’ papers the work carried out by Ms Middle’s contractor could have weakened the foundations of the fence.
Ms Middle said she was then threatened with court action again if she didn’t remove the panels she’d had put in to replace the gap. Ms Middle refused to stand down on the matter and what ensued was a long court case over who is the owner of the fence. Both parties claim they tried to come to a resolution outside of court but it wasn’t possible.
Mr Miles sought damages while the Middles counterclaimed, arguing the panels they put in provided privacy and security. Sam also claimed she could fit down the gully to access the drainpipe for maintenance purposes if required, particularly due to her role as a firefighter. Mr Miles disputed this. The gap on the Middles’ side of the fence is 12cm according to court papers.
In a statement read in court seen by WalesOnline Ms Middle said: “How I find myself in court defending myself I do not understand. I have done nothing wrong and broken no laws. I’ve not had the easiest life. My first daughter and my husband died and I was left to raise my remaining daughter on my own. As devastating as that was I can honestly say I have never encountered the stress this has put me under.”
A surveyor report which the Middles spent thousands of pounds on was not considered by the court because, according to the court, the Middles had previously said they were not seeking to rely on any written expert evidence. The Middles claim they were let down in that instance as they had made it clear in written documents to the court their willingness to instruct experts. Sam also claimed her mother was not computer-literate and had struggled through the process with little help from the court.
In a hearing in July it was determined that Mr Miles is the owner of the fence. The court judgment seen by WalesOnline doesn’t specify why that decision was made but Mr Miles explained that it was because the fence posts were on his side.
Ms Middle said it has now left her in a very difficult position. She said: “I’ve scrimped and saved all my life. I’ve worked 53 years to make sure I could leave Sam a property without a mortgage and this has forced me into a situation where I’ve lost that.
“That really sticks in my throat. I’ve never been in debt in my life to now. I’m so upset about it. It’s left me in such a state. This whole thing has completely destroyed me. I now don’t do anything at all.”
When approached by WalesOnline Mr Miles said the court’s judgment was clear and he did not want to be quoted further. Get the latest Rhondda news first by signing up to our newsletter here.