TWO neighbours are counting the cost of a High Court battle today after a venomous dispute over a farm road left them facing a £100,000 legal bill.
A series of accusations of assault, a leaking septic tank, roaming cattle and dogs, a blocked right of way and heaps of slow-burning manure ended yesterday at the High Court in London.
Judge John Behrens was forced to impose injunctions on the warring neighbours yesterday in a bid to end the row after an appeal for "harmony" went unheeded.
He awarded damages totalling £1,000 to both families - which was dwarfed by their legal bills - and said it would have been "far better if the parties could have resolved their dispute amicably".
The access road at the centre of the row leads to Blackberry Farm, the home of John and Clare McCullagh, and Blackberry Grange, home to John and Madeleine Wilson, near Great Smeaton, Northallerton, North Yorkshire.
During the case, Mr Wilson and Mr McCullagh accused each other of assault. Mr McCullagh claimed that Mr Wilson had, on one occasion "lunged at him with a chainsaw".
But Mr Wilson denied the allegation, saying that Mr McCullagh had been the aggressor, thrusting a video camera into his face.
Judge Behrens ruled that none of the assault allegations had been proved.
He also dismissed claims that the McCullaghs' septic tank had been leaking, saying: "It became apparent throughout the case that Mr Wilson was prepared to make unfounded allegations against Mr McCullagh without supporting evidence."
However, Judge Behrens accepted that the prolonged burning of manure by Mr McCullagh in April and August 2002 "did amount to an actionable nuisance".
He also issued an injunction to stop the McCullaghs' two dogs from trespassing on the Wilsons' land.
Mr and Mrs Wilson, who breed horses, converted Blackberry Grange from a barn and set up home in 2000. The McCullaghs moved into Blackberry Farm in September the following year.
The families' battle centred on the last section of the access road which leads to both homes.
Judge Behrens ruled in favour of Mr and Mrs Wilson on issues relating to gates along the access route - but issued an injunction against the couple requiring them to keep them shut. He also said that the McCullaghs did have a right of way to this part of the track in order to access the back of the farm.
But after the Wilsons complained that cattle strayed onto the track, leaving it covered in mud and excrement, the judge said the McCullaghs should put in a stock-proof fence.
He awarded the Wilsons £700 damages and the McCullaghs £300.
But the Wilsons legal costs have been estimated at £45,000 and the McCullaghs between £50,000 and £60,000.
Judge Behrens ruled the Wilsons must pay ten per cent of the legal bills run up by the McCullaghs and refused the Wilsons permission to appeal against the ruling.
Last night, the Wilsons and McCullaghs could not be contacted for comment.
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