A Scots mum who hit out after a house was built so close to hers she could chap her neighbour's door from her window is now being sued for £75,000.
Mum-of-seven Niki Caira, of Thornton, Fife, told last week how she was horrified when she discovered just how close the luxury home being built next door was going to be to her property.
The 39-year-old said she couldn't understand why Fife Council agreed to allow KJJ Properties and businessman Alex Penman to build the two £350,000 new homes, despite objections and 'serious' concerns from neighbours.
Former chairman of Raith Rovers Alex Penman is now suing Niki for defamation of character, after claiming a comment she made on social media caused him to lose tens of thousands of pounds worth of business.
The 70-year-old's lawyers served Niki with court papers last Friday afternoon.
They are alleging Niki made comments about Mr Penman on Facebook which attracted significant attention and as a result have defamed his character which has resulted in a loss of earnings, injury and damages to the total of £75,000.
They claim the situation also caused Penman distress and embarrassment and ordered Niki or someone acting on her behalf to appear at Kirkcaldy Sheriff Court on Tuesday, July 26.
Niki told the Daily Record the comments in question appeared underneath a post she had shared about the house drama.
Aesthetics Practitioner Niki added: "I wasn't the one to say it, I just happened to agree. So many people have said the same thing on different Facebook pages and none of them are getting sued.
"I know they are only taking me to court in an attempt to frighten me and to try to get me to back down, but I refuse to.
"I found out he was suing me when I was at my friend's wedding last Friday night. I couldn't believe it. I ended up in bed at 9pm with a migraine because of how stressed I felt.
"The whole situation is making me unwell. I've already dropped two stone because of it. I'm just constantly on edge and anxious."
Niki and husband Mario first objected to the planning application for these properties in 2020, however they were given the go ahead in June last year.
After building work started in May, Niki said she measured the space between the two properties and said there is just two metres between her roof and the new property, with a wall directly blocking light to two of her windows.
Niki said: "It's an eyesore and all we can see when we look out of our windows.
"When I complained about it the builder suggested I put up a high wall to hide the property. My kids would feel like they were living in a prison with a 10ft wall surrounding them."
Niki has lived at her home with her children, husband Mario and mum Mhairi for the last 16 years.
She described it as their 'wee sanctuary' and their 'happy place', but says she now fears they will be forced to move out over concerns for their safety and lack of privacy.
She added: "We absolutely loved our home, but now I just feel stressed every time I look out of my windows. It's such a shame because we were all so happy living here until now.
"I refused to give up and will continue fighting for justice."
Robert F MacDonald Solicitors, who is acting on behalf of KJJ builders and Alex Penman, said: "Mr Penman has raised proceedings for defamation against Mrs Caira because of untrue and defamatory allegations made about him on her Facebook page during the course of last week.
"He has sought an order prohibiting Mrs Caria from repeating or maintaining in place these allegations, and he seeks damages.
"As this matter is now before the court my client has no further comment to make at this stage."
Fife Council team manager Scott Davidson, said: "We were notified on 7 June that work had started and arranged a site visit, which took place the following day.
"Our surveyor advised the applicant that work should stop until building warrant approval had been issued. During that visit it was confirmed that the work that had taken place was in line with the information provided in the building warrant application.
"All proper processes and due diligence have been followed in relation to the determination of the planning application.
"Any boundary disputes are private legal issues for the parties to resolve. Land ownership is not related to the granting of planning permission.
“The building will have to comply with current building regulations and this will be checked before a Completion Certificate is accepted for the work.”
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