A millionaire ex-broker and his wife have won a ?530,000 court fight with developers who built their ? 4 million house ¡®too close to neighbours¡¯.?
55-year-old motivational speaker Alex MacPhail was sued by web entrepreneur Tom Gueterbock and his wife Helen who claimed his "land grab" went 18 inches over their boundary.
The couple also said his basement had gone under their wall near Wandsworth Common, South London. A legal battle reportedly ended last year with Mr MacPhail paying them ?237,000 in damages and costs, his own bill of ?283,000 and funding ?12,000 of work on the passage between the houses, as per a report in Express.co.uk.
But Judge Nicholas Parfitt has now reportedly ruled that developer Henderson Court Ltd (HCL) should cover all his losses from the project, calling it "not a success."
The judge's ruling said, "Henderson Court Ltd acted without the skill and care to be expected."
Central London County Court reportedly heard that the house was built between 2015 and 2018 to replace flats and was in keeping with the affluent street.
53-year-old Mr Gueterbock and his wife had objected when they found it was closer than expected. The passage was less than three feet wide, hampering access to their garden and a side door, the report stated.
They sued, claiming trespass, and Mr MacPhail settled with a bill of ?530,000. Last month, in court, he said HCL was liable for his losses.
His barrister Sebastian Kokelaar reportedly said Mr MacPhail contracted with HCL for a house in line with planning permission. But the developer said he and owners of other plots developed the land in a "self-build" capacity, with third-party project management
HCL director Giles Andrews said the Gueterbocks' property had not been harmed and the replacement improved the aesthetic of the area, the report mentioned.
But?Judge Parfitt found that developer HCL was the vehicle for the building and was also liable for the trespass. He rejected Mr MacPhail's claim that HCL's insurer Allianz should cover the bill.
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