A Kinross-shire boundary dispute which has spanned seven years, cost tens of thousands of pounds in court costs and sparked a “cage fight” brawl between pensioners has boiled down to 16 inches of land.
On Tuesday, a weary sheriff issued a judgment in the case in which he told the warring parties that the whole affair had been virtually pointless.
Rejecting a bid for an interdict against Terence Doyle – whose wife, Jean, passed away during the ongoing feud – Sheriff Lindsay Foulis advised the parties to drop the case and move on.
Perth Sheriff Court was told competing experts have concluded the strip of land at the centre of the dispute is only 39cm wide in places.
At its widest, the strip dividing the properties is just 96cm.
In a written judgment rejecting Julie Ann Poole and Jennifer Morris’s bid to interdict Mr Doyle, Sheriff Foulis said: “I would conclude by making a final observation.
“I have difficulty in identifying what real benefit is to be gained by continuing to litigate over the exact position of the boundaries between the properties, bearing in mind the extent of the land involved, when judged against the effort and expense which would be involved.
“I would thus hope that a meeting between the experts does take place and a resolution is achieved following such a meeting.”
The long-running legal dispute has centred on the slim strip of land between two luxury villas in the quiet village of Kinnesswood, population 482.
Pair previously appeared in court following brawl
At one stage the dispute led to a violent brawl between silver-haired Mr Doyle and David Poole, which played out at Perth Sheriff Court in 2014.
The criminal court heard how the neighbours were seen grappling with each other and had to be dragged apart by a passing rugby referee.
One of the pensioners was described as being “like a puma” and a “cage fighter” by his rival, who suffered a suspected broken nose in the brawl.
Sheriff Fiona Tait told the then 75-year-olds to grow up and act their age after hearing a trial detailing their unseemly garden fight.
Mr Doyle was left with a suspected broken nose and claimed he had been set upon by his rival Mr Poole – who was described as being like “a trained cage fighter.”
Sheriff Tait berated the quality of evidence given by both retired businessmen during the trial and condemned them for fighting at a combined age of 150.
Mr Doyle said he had to “fight for his life” as his rival wrestled him to the ground.
He said workman and part-time rugby referee David O’Donnell came rushing over and told the grappling pensioners: “This is going to stop now.”
Sheriff Tait said a fight was already under way when witnesses arrived and it was impossible to establish how it started, so she cleared Mr Poole of assault. Mr Doyle had not been facing any charge.
Interdict sought following brawl
In the wake of the brawl, Mr Poole’s wife and daughter then went to court to seek an interdict banning Mr Doyle from entering a small strip of land between their homes.
They claimed Mr Doyle had moved a boundary fence, placed a pole in the driveway and painted a yellow boundary line.
“He indulged in a course of conduct of moving the boundaries and taking possession of her land, causing damage to her driveway and using weedkiller,” their lawyer told the court.
“He had taken a jackhammer to a large section of the driveway.”
In his defence, Mr Doyle told the court that the Pooles had built a driveway on a piece of land between 44 and 46 Gamekeeper’s Road, Kinnesswood, that they did not own.
Mrs Poole and her daughter asked a sheriff to declare that the Keepers of the Registers of Scotland had “erred” in the way the property boundaries had been drawn.
However, in 2018 Sheriff Richard McFarlane rejected the claim for an interim interdict preventing Mr Doyle from entering the disputed strip of land.
He criticised the land registry for a lack of clarity but said: “There’s clear competition between the parties as to where their boundaries lie. I’m not persuaded the balance favours the pursuer.”
Sheriff Foulis said on Tuesday: “It is hard to believe this action… commenced in late spring 2014, but there we are – such can be the nature of boundary disputes.”
