Couple Upset Over Footballs Landing in Their Garden

Everyone knows that feeling of knocking on a neighbor’s door, especially when it’s just to retrieve a stray ball. But for one couple in Hampshire, it’s become a source of real frustration. Their garden, worth £2 million, is frequently bombarded with footballs from a nearby school.

A high court in Southampton has addressed the couple’s grievances, ruling that the constant kicking of footballs onto their property is indeed bothersome. The judge made it clear that while stray balls can be annoying, they also tend to end up on someone else’s property.

Still, the judge decided against fully banning the use of the school’s soccer field, suggesting the couple might have lost sight of the bigger picture. Mohamed and Marie-Anne Bakhaty filed their complaint after experiencing what they say is an average of one ball landing in their garden every other day, coming from Westgate School.

The Bakhatys expressed that the noise and interruptions from the all-weather play area have prevented them from enjoying their swimming pool and even led to the cancellation of their annual summer party, which they found “annoying.”

Marie-Anne, who is 66, and Mohamed, 77, a real estate developer, took their case to a High Court judge in hopes of stopping the use of Winchester’s £36,000 play area altogether. While Judge Glenn acknowledged that the footballs were causing issues for them and noted that, at times, a significant number would land in their garden, he also awarded them £1,000 in damages. However, he mentioned they seem to have “lost their perspective” on the situation.

The court learned that in 2021, funds were raised to transform grassy playgrounds into an all-weather facility. Almost immediately after it opened, the Bakhatys lodged complaints about noise and balls entering their garden.

They sought legal counsel, leading to a letter being sent to the school in 2022. Some mitigation measures were taken, like placing nets at the top of the pitch to catch stray balls and limiting playtime. However, the couple later filed a high court request against Hampshire County Council in October 2022, claiming that the noise and stray balls had become a “common law nuisance.” They argued that their rights under the European Convention on Human Rights were being violated.

Mrs. Bahati estimated that around 170 balls had come into their garden over an 11-month period. When the judge visited, he found about 20 footballs strewn across their flowerbeds.

The council’s counsel defended the all-weather pitch, emphasizing its importance for schools and the broader community. The judge acknowledged that the problem had been notably reduced since the mitigation efforts were put in place, including restricting pitch usage until after school hours.

Judge Glenn concluded that granting an injunction wasn’t warranted but ordered the council to pay some damages due to the “overuse” of the play area and the number of footballs crossing the boundary fence. He stated, “But I fear they have been sensitized by the noise from the school and become overinvested in their belief that they are the wrong victims. In short, they have lost their perspective.”

The couple chose not to comment further on the situation. Meanwhile, Hampshire County Council was approached for their input.