Ref. 12426/1A NEIGHBOURS-at-war row has been settled by a district judge who visited the garden at Etchilhampton, near Devizes, to see the problem for himself.

Jane Rollason had been at loggerheads with John and Phillippa Martin after two of her plum trees were cut down and damage caused to her footpath.

Ms Rollason, who works as a personal assistant, submitted a claim to Trowbridge County Court under the small claims procedure.

Mr and Mrs Martin, of Allington, bought the terraced cottage next door to Ms Rollason in The Green in December 2002 and rent it out.

Following a brief hearing last December, District Judge Adam visited Ms Rollason's house on March 2 to inspect the garden and met Ms Rollason and Mr and Mrs Martin.

Mr and Mrs Martin agreed to pay for two new plum trees, pay for the damage to her footpath, erect a fence along the boundary of the two properties and pay Ms Rollason's court costs and other expenses, which could total around £750.

The Martins also agreed not to take any action or do anything which might affect Ms Rollason's property without her prior written consent.

Following that meeting District Judge Adam issued an order stating this agreement and said if it is not adhered to in the next 12 months Ms Rollason, 51, can take the Martins back to the county court.

Ms Rollason, who has lived in her house for eight years, discovered her two plum trees had been hacked down a few days after returning from a weekend away in April 2003. She also said Mr Martin caused damage to her path by cementing in an incorrectly sized piece of wood to repair a gatepost.

She said: "I was absolutely devastated when I saw the two trees had been chopped down. Mr Martin said he had just trimmed vegetation but my trees are well within the boundary fence on my property."

Ms Rollason said she was pleased with the outcome of her claim.

Mr and Mrs Martin said they were also pleased with the Judge's intervention but said it could have been avoided.

Mr Martin, a tent maker, said: "The Judge negotiated an agreement between us, he has not issued a judgement.

"A solution was realistically proposed about 12 months ago which for some reason or another Ms Rollason couldn't agree to.

"The aim has been all along to get a solution to the problem so that we can live as good neighbours.

"The issue about the trees and the footpath were two things in a long list of other things being complained about by Ms Rollason.

"There's now a solution in place and there is no reason why, with goodwill on both sides, the solution will not work.

"The judge's decision gives an opportunity to draw a line under the whole thing and clear the bad feeling that existed."

Referring to the chopping down of the two plum trees, Mr Martin said: "The question was whether the trees were hanging over the boundary.

All I was trying to do was repair a shed and gate which Ms Rollason had complained about quite vociferously some six weeks before.

"I couldn't get the shed door open so I cut down the trees. I haven't killed the trees as they are still budding. Everything done was done in good faith."