Living in a £2 million home in Hampshire, Mohamed and Marie-Anne Bakhaty found themselves in a peculiar predicament. Footballs from a nearby school kept landing in their garden, disrupting their peace and causing inconvenience. The couple, frustrated by the constant intrusion of footballs from the Westgate school, decided to take legal action against the county council.
The high court in Southampton deliberated on the matter and concluded that the continuous barrage of footballs over the Bakhatys’ fence indeed constituted a nuisance. While occasional stray balls might be tolerable, the frequency at which they were invading the couple’s property was deemed unacceptable according to common law. The judge acknowledged the disturbance caused by the footballs but declined to halt the use of the football pitch.
Mohamed and Marie-Anne Bakhaty detailed how the incessant footballs landing in their Winchester garden, averaging one every other day, disrupted their daily life. The noise and intrusion prevented them from enjoying their swimming pool and even led to the cancellation of their annual summer party. Seeking justice, the couple pursued legal recourse, seeking an injunction against the use of the play area.
Mr. Justice Glen, presiding over the case, acknowledged the nuisance caused by the footballs and awarded the Bakhatys £1,000 in damages. However, he noted that the couple had perhaps magnified the situation, losing perspective and overly emphasizing their sense of victimization. The court learned that the school had taken steps to address the issue, such as installing a net over the pitch to prevent stray balls.
In 2022, the Bakhatys escalated the matter by filing a claim against Hampshire county council, citing the noise and invasion of footballs as a common law nuisance. They contended that their rights under the European Convention on Human Rights had been violated. Despite efforts to mitigate the problem, including restricting the use of the pitch, the couple pursued legal action to address the ongoing disturbance.
During the legal proceedings, Mrs. Bakhaty revealed that approximately 170 footballs had encroached on their garden over an eleven-month period, illustrating the extent of the issue. The judge, upon visiting the property, observed about 20 footballs scattered across the Bakhatys’ garden, underscoring the persistent nature of the problem.
While the council argued in favor of the play area as a valuable asset for the school and community, the judge acknowledged the steps taken to reduce the impact on the Bakhatys. Ultimately, he decided against issuing an injunction but directed the council to compensate the couple for the period of excessive football incursions.
The Bakhatys, declining to comment on the case, and the Hampshire county council, have been approached for their response. The legal battle over the footballs landing in the garden of a £2 million home serves as a reminder of the complexities that can arise in neighborly disputes and the legal avenues available to address such issues.
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