April 16th 2024.
Maria Flach is facing accusations from her neighbor, Celia Tan, for playing drums so loudly that it can be described as "deafening." The two neighbors, who live next to each other in Ruislip, west London, are currently involved in a court case due to a disagreement over a gutter that Tan claims was causing damage to her garden.
The dispute between the Flach family and Tan started in 2019 when Tan alleged that the gutter, which was on the Flachs' property, was overhanging onto her land. The Flachs, who are an insurance broker named Robert and his wife Helena, are suing Tan for trespass and the cost of replacing the gutter, which they claim is located on their land. Tan, on the other hand, argues that the boundary between their properties runs through the middle of the Flachs' garage, and since the gutter was positioned on the garage, it caused rainwater to flood onto her garden.
During the court hearing at Central London County Court, Tan stated, "The gutter is over my land, but it's not my responsibility. I have no use for the gutter, it's not mine. It was causing damage and nuisance." She is counter-suing for a whopping £85,000 as compensation for the alleged reduction in the value of her home due to trespass, encroachment, and damage. She is also seeking an injunction to prevent the Flachs from installing CCTV near her home.
The Flachs' lawyer, Adam Swirsky, argued that the CCTV was focused on their own garden and not on Tan's property. He also added, "They are entitled to have CCTV - this may be thought prudent given the criminal behaviour order made against Ms Tan." The Flachs' daughter, Maria, who is at the center of the disagreement over the drums, is a drummer who plays on a set of dampened drums. However, Tan claims that she would play for 40 minutes per day, causing a disturbance, especially on Sunday mornings when the family would be at church.
According to Tan, the Flachs' daughter has caused a reduction in the value of her property, and she is seeking compensation for it as well. She also stated that she feels "trapped" as a new bus stop was recently installed outside her home. Tan and her daughter, Rebecca Edge, moved into their two-bedroom home next to the Flachs' £1.2 million home in 2009. The neighbors are also in a dispute over fences in their front and rear gardens.
However, despite the ongoing dispute, the Flachs' lawyer accused Tan of gradually moving her boundaries further into their property over time. This accusation was denied by Tan. Edge, who gave evidence during the hearing, claimed that "She would play for 40 minutes per day on average." But Mrs. Flach responded, "Maria was at the local school where she was playing drums. She was sitting her grade five exams and needed practice time." She also added that her daughter only played on a set of dampened drums once a week, which reduced the noise.
Tan's barrister argued that the guttering was a trespass and caused damage to her property. He stated, "Her position is that the claimants configured their house so all the rainwater on the back of the house flowed along that guttering. She blocked that off so there was no further water coming onto her property." During the court hearing, the judge, Alan Saggerson, expressed his concern about the cost of the litigation, saying, "I know this is all very vexing for the neighbors, but we are talking about inches."
However, Tan's barrister countered by stating, "We are talking about inches, but nonetheless we are in a position where they have fallen out and it is causing arguments and it does have to be resolved." He also added, "It causes arguments. It may only be inches, but unfortunately, absent a negotiated settlement, it matters. Unfortunately, we are where we are." It was also revealed during the court hearing that Tan had previous clashes with the Flachs and their other neighbors, leading to a criminal behavior order against her in 2016 for harassment. The trial continues.
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