Neighbours took me to Court despite my having agreed that they main access my land

[Gertrude Amelia]

A small tree had rooted on my land close to my new neighbour's property and when they moved in they volunteered to cut it down. I agreed but after a year had passed I made my own arrangements. However they insisted that they arrange for and pay for someone to fell it. I since discovered that they should have investigated any problems with root damage prior to exchange of contracts. They asked if they could remove a section of my fence that sits on top of a stone wall that divides my front and rear garden for the work to be carried out and I agreed on the proviso that it would be restored after the tree was cut down. Unfortunately, my neighbours had other plans and, as my husband had died only two months previously, they thought I might sell and so were planning to erect a gate within my wall and fence that would give them permanent right of way through my garden. They had crudely sawed off and disposed of the end of my fence and destroyed plants. When I objected their aggression was very disturbing and they have waged war ever since. Despite their intimidating behaviour I agreed to their accessing my land for necessary works to their cottage but they were not satisfied and have taken me to Court for not allowing them to dig out the tree stump, although I had agreed to them sawing it back to my stone wall in which it had embedded itself into my stone wall and the solid rock base. The stump had been treated by my tree surgeon to prevent regeneration and the neighbour's arboriculturalist had also declared it well and truly dead; but the neighbours were not happy with his findings as they obviously wanted to blame me for continuing nuisance of root growth. I have no money to pay for a solicitor and it was very difficult to present evidence at the Case Management Conference. My neighbours now expect me to pay all their legal fees as well as the Court application costs. The Citizens Advice Bureau have advised that this is a nonsense but there is to be another Hearing in two weeks and I am hoping that the Judge will make it easier for me this time. Their Solicitor had used Section 8 of the Access to Neighbouring Land Act but she has not interpreted it correctly and the Judge didn't seem to have much knowledge of the Act. At the Conference I had agreed to everything and the neighbour's contractor has since been onto my property but ironically he was not able to dig out the stump as it was on solid natural rock. If there is anyone who has any knowledge of the correct interpretation of Clause 8, or any suggestions at all, before I have to attend Court again I would be most grateful.