Homeowners have been warned that children who kick footballs over a neighbour's fence could land their parents with a fine, following a landmark High Court ruling. The case involved a Hampshire couple who sued a nearby school after repeated incidents of footballs landing in their garden.
Legal expert warns parents of financial consequences
A lawyer, speaking to The Sun, clarified that entering a neighbour's garden without permission to retrieve a ball constitutes trespassing. "If you cause damage to a neighbour's property, such as break a window or fence, you are liable to cover the cost of any damage," the lawyer said. "If a child causes the breakage, it's up to the parents to take the responsibility." The legal expert advised neighbours to keep a log of dates, times, and specific damage, and to photograph any damage if they later seek compensation in a small claims court.
High Court ruling on nuisance from footballs
In 2025, Mohamed and Marie-Anne Bakhaty of Winchester became so frustrated by footballs landing in the garden of their £2 million home—at a rate of roughly one every other day—that they sued Hampshire County Council over the use of the football pitch at Westgate School. The High Court, sitting in Southampton, ruled that the repeated intrusion of footballs into the Bakhatys' garden constituted a nuisance. However, the judge refused to prohibit use of the football pitch, noting that the couple had "lost perspective" and had become overly invested in their belief that they were "victims of a wrong."
Damages awarded but perspective questioned
Mr Justice Glen awarded the Bakhatys £1,000 in damages, acknowledging that there was a period when a significant number of footballs were landing in their garden. However, he criticised the couple for their reaction, stating that they had become over-invested in the dispute. The ruling serves as a reminder that while homeowners have rights against nuisance, the response must remain proportionate.
Practical advice for homeowners and parents
Homeowners are reminded that they do not have an automatic right to enter a neighbour's garden to retrieve a ball. Doing so without permission could result in a claim for trespass. For parents, the key takeaway is that they are financially responsible for damage caused by their children. The lawyer advised that keeping meticulous records—including dates, times, and photographic evidence—can strengthen a claim for compensation if a neighbour's actions cause repeated damage.
This case highlights the delicate balance between neighbourly tolerance and legal recourse. While occasional stray balls may be a minor annoyance, persistent nuisance can lead to court action and financial penalties.
