Couple successfully sued school football landing in £2 million house in garden | Hampshire

Many children experience anxiety about hitting the door of their frustrated neighbors to ask them to go back.

But a Hampshire couple was very angry at landing in a garden where they successfully sued the county council in a garden where they had successfully sued the county council.

The High Court sitting in Southampton ruled that repeatedly kicking football onto neighbors’ fences and entering their gardens really posed a problem.

The judge said that while the occasional wandering balls may be annoying, they often project property to others is contrary to common law.

However, the judge also ruled that the couple had lost sight and refused to ban the use of the football court.

Mohamed and Marie-Anne Bakhaty complained about football entering Winchester Gardens every other day from nearby Westgate School.

Bahati people said the ball and noise in the all-weather play area meant they could no longer use the pool and were forced to cancel their annual summer parties due to “nuisance.”

Marie-Anne, 66, and Mohamed, 77, the real estate developer, took the matter to a High Court judge in an effort to ban Winchester's £36,000 recreation area.

Justice Glen ruled that football was causing trouble for the couple and that at some point a large number of them landed in their gardens.

But despite his award of £1,000 for damages, he said the Bahatis had lost their point of view and overinvest their beliefs because they were "victims of the mistake".

In 2021, funds were raised to transform the grassland playground into an all-weather play area, the court was told.

Shortly after opening, the couple complained about the noise and football entering the garden.

The couple sought legal advice and sent a letter on the matter in 2022. Then it is done to reduce the number of balls, including installing nets on the top of the court to prevent balls from going astray.

Nevertheless, the couple issued a high court request to Hampshire County Council in October 2022, accusing football of noise and escapes that constituted a "common law nuisance."

They claimed that the Council violated their rights under articles 8 and 1 of the European Convention on Human Rights.

Mrs. Bahati estimated that 170 balls fell into their gardens over the course of 11 months. The judge said that when he visited the house, about 20 footballs lined up on the flower beds in the Bahatis Garden.

Attorneys representing the Council believe that 24/7 advocacy is a valuable facility for schools and the wider community.

The judge agreed that the problem has been greatly reduced since the introduction of mitigation measures, which also included limiting the use of publicity to school days until 4.15 p.m.

Glenn said it was inappropriate to approve the ban but ordered the council to pay the couple £1,000 in damages during the "overuse" of the game area and the period when a large number of balls crossed the border fence.

He added: "But I worry that they are sensitive to the noise in the school, which makes them overinvest their beliefs because they believe they are victims of the wrong. In short, they lose their point of view."

The couple declined to comment on the case. Hampshire County Council has been contacted for comment.