Wilson & Wilson -v- McCullagh & McCullagh

[2004] EWHC 710

The claimants (W) claimed that the defendants (M) did not have a right of way over a track and sought an injunction to prevent them from using it.  W were owners of Blackberry Grange.  M were the owners of a neighbouring property, Blackberry Farm.  There were a number of disputes to be resolved i) whether M had a right of way over the track; ii) whether M's livestock could cross the track; iii) whether M had deliberately placed cows in W's garden so at to cause a nuisance; vi) whether W and M has assaulted one another; v) whether M's septic tank had spilled foul liquid so as to cause a nuisance; vi) whether M had caused a nuisance by burning manure; and vii) whether M's dog had repeatedly trespassed on W's property.