A Fife mum is being sued over comments she made on Facebook about new build houses being erected within touching distance of her family home.
Solicitors for KJJ Properties and businessman Alex Penman have accused Niki Caira of “defamatory statements and innuendo” in relation to remarks made regarding the planning application to Fife Council for two £350,000 pads next to her house in Kirkcaldy.
The case will be heard in court next Tuesday.
She and husband Mario have been critical of the decision to allow the development – which Fife Council says meets their criteria – to be built.
To draw attention to her cause, Ms Caira has shared images and videos of the building works on Facebook, as well as expressing her frustration about the situation.
Asked to delete Facebook comments
Last Wednesday, sheriff officers arrived at her house in Low Road, Thornton, with letters from Robert F MacDonald Solicitors representing KJJ Properties and Mr Penman.
The correspondence read: “The allegations you make are extremely serious. We require you to retract these allegations immediately.
“The relevant Facebook posts referencing these allegations should be deleted. We would expect a written apology to be immediately forthcoming.
“Finally we require an undertaking from you that you will not repeat any of these allegations or make any similar allegations.”
Ms Caira addressed the letters on Facebook, asking others not to leave any comments of similar nature on her page.
But on Saturday the sheriff officers returned, this time with letters notifying her she was being taken to court.
Fife property row going to court
Mr Penman is suing the mum-of-seven for £75,000 over “defamatory statements” made on her Facebook page.
He claims to have suffered loss, injury and damage through “being defamed by the defender”.
The beauty business owner is on the hunt for a lawyer – but she fears nobody in Fife will want to represent her because of the nature of the case.
Ms Caira added: “I’m fighting for my home and now I’m getting taken to court for a comment on Facebook.
“Look at what’s going on in our world at the moment – the government’s falling to bits, we’re still trying to deal with Covid and I’m being taken to court over a comment I made on a Facebook post.”
Robert F MacDonald Solicitors declined to respond when approached by The Courier.
Builder ‘complied with relevant requirements’
Last week in a statement given to the Daily Record, they addressed the fallout from the property dispute.
They said: “We understand that development on adjoining land can cause feelings among neighbours to run high, however my clients are satisfied that they have complied with all the relevant planning and building control requirements in respect of the two properties which are currently being erected at this site.
“This is a former brown field site which had lain empty for many years.
“Mr and Mrs Caira had the opportunity to take part in the planning process and they expressed their views to the planning authority at that time.
“No doubt these were taken into account by the Fife Council in reaching their decision.
“Mr and Mrs Caira did have the opportunity to appeal the planning decision but did not do so.
“Slightly unusually, Mr and Ms Caria’s property is built directly on the boundary between the two pieces of land.
“All the building work however has been conducted by my clients on ground owned by Mr Penman.
“There is sufficient room between the two houses for the scaffolding to be erected, and for access to repairs to either property in future if required.
“We understand that during the course of the scaffolding being erected the scaffolders asked Ms Caira if a window (which opens over land belonging to our client) could be closed slightly to enable them to erect the scaffolding.
“The existence of the scaffolding does not prevent Ms Caira from opening her window.
“Once the work has been completed there will be a 1.3 metre gap between the walls of the new build and Mr and Mrs Caira’s house, which of course exceeds the statutory minimum.”
