Neighbourly fence squabble costs couple $72k

  • 21/06/2016

A Wellington couple have won $72,500 from their neighbours following a legal battle over a fence which blocked their million-dollar view of the harbour.

The Environment Court has ordered David and Heather Walmsley to pay the money to Peter and Sylvia Aitchison -- costs following their high-profile scrap over the fence in the suburb of Roseneath.

Earlier this year it ordered the fence, which included a children's play fort but rose up to 2.4m right on the Aitchisons' boundary, be taken down. It had been up for about a year.

The Aitchisons had sought $100,000 because of the "grossly offensive nature" and the Walmsleys had shown "callous disregard" for them.

Judge Bryan Dwyer's judgment said the Aitchisons had been put to unnecessary expense.

The Walmsleys knew it would affect the Aitchisons but they would just have to put up with it. They had refused to consider doing anything to lessen the effects of the fence.

"Indeed it is difficult to escape the conclusion that the structure was intended to cause maximum impact on the Aitchisons," Judge Dwyer said.

The Aitchisons had earlier won enforcement order costs against the Walmsleys and the Wellington City Council.