A fence in Westport, Connecticut has pitted neighbor against neighbor and city against citizen, with the fence owners’ legal costs at $150,000 – so far.

In 2005, Albert and Susan Hancock built a stone wall around their home.  Neighbors in this trendy coastal town filed a complaint, but construction continued.  Later, the town filed its own complaint.  And now, the homeowners have filed a separate suit claiming that because the wall runs along a private lane, all of the homeowners on the road are liable.

According to news reports, the initial complaint dealt with the wall’s proximity to a wetland.  The town’s complaint accused the Hancocks of encroaching on town property (even though the new wall was built where an old wall had been) and not getting the necessary permits.

Four years and over $300,000 later, the dispute continues.  The Hancocks claim to have spent $150,000 on legal expenses thus far, $50,000 for modifications and inspections of the wall, in addition to the $170,000 initial cost of building the wall. 

“The reason this has gone on so long is because the town has put the private dispute in the middle of the other issues,” said Hancock attorney Gwen Bishop.  “They’ve taken that issue and used it to tie everything up.”

With the matter now headed into superior court, the Hancocks’ lawyer said the couple could spend $150,000 more before the matter is resolved and if they lose, it could cost them at least $120,000 to tear down the wall, in addition to fines.

“If we knew we were going to be $150,000 into this on Day 1 and still only be halfway there, I’m not so sure we wouldn’t have just torn down” the new wall, Mr. Hancock admitted.

—Source:  The New York Times