Furious couple launch legal action against neighbours after their kids kicked balls over the fence and ‘ruined’ the enjoyment of their $1.4m home
- A couple has made the decision to sue their neighbours for being a nuisance
- Peter and Lynda Walton said Brad and Penny Tilley caused $15,000 damage
- They also claim the couple’s three children have been bothersome for years
A couple have launched legal action against their neighbours because their children repeatedly kicked balls over the fence.
Peter and Lynda Walton told the WA Supreme Court their neighbours Brad and Penny Tilley caused thousands of dollars worth of damage on their $1.4million home in Bicton, in Perth.
The Walton’s claimed the young couple built a children’s cubbyhouse and shower attached to a brick wall that is solely on their property, and that the removal will cost in excess of $15,000 to fix.
They also argued a below-ground pool which was installed next door created a vertical crack in their timber-slat fence.
Peter and Lynda Walton told the WA Supreme Court their neighbours Brad and Penny Tilley caused thousands of dollars worth of damage on their $1.4million home in Bicton (pictured)
The Walton’s want the Tilley family to repair the damage and remove the cubby house and shower, PerthNow reported.
They say they have a partial view of the construction from their ground floor windows and a full view from the top floor of the two-storey, four bedroom home.
In the writ tendered to court, the Mr and Mrs Walton also claimed ‘private nuisance’, claiming the Tilley’s three children are bothersome.
The couple say they have a partial view of the offending cubby house from their ground floor windows and a full view from the top floor (pictured the downstairs view of the Walton’s home)
They said the children, or friends of the children regularly kicked balls over the fence into their property which had ‘ruined’ their enjoyment of their home.
The couple provided photographic evidence of the offending balls in their yard from February 2016 to January 2019, and said the parents were aware of the incidents.
They allegedly raised concerns with the family in 2015, a year after they moved in to their Petra Street home.
Court documents show that the couple are seeking damages and reparations for the repair work required to remove the cubby house.
The couple also want the Tilleys to be ‘permanently restrained from placing, attaching, causing and permitting any item whatsoever to be placed on or attached to the wall’.
The couple allegedly raised their concerns with the family in 2015, a year after they moved in to their Petra Street home