AN ELDERLY Kirkheaton couple have vowed to go to jail in a legal dispute over a garage.

Douglas Allen, 87, and his 85-year-old wife Marian have been ordered to remove their dismantled garage and uninsured car from their neighbour's property.

Recorder Henry Prosser also told the couple to pay the £500 cost of the hearing at Huddersfield County Court yesterday .

But Mrs Allen was defiant afterwards. She said: "It's all wrong, we haven't had any justice in court.

"We're not going to pay these costs.

"We're both prepared to go to prison."

Last July a court ordered the Allens to remove their garage, half of which sits on the property of their neighbour Dr Kenneth Smith, because it was blocking a right of way.

But the Allens, who have lived in Cockley Hill Lane since 1963, refused.

On January 12 Dr Smith was given the right to demolish the structure and charge the couple for the expense.

The four-year-long dispute came to a head last Thursday when workers arrived to dismantle the garage.

Dr Smith told the court that Mr Allen came out to confront the contractors.

He said: "When they arrived Mr Allen came out waving his stick and saying the garage wasn't to be touched.

"He then sat on a chair outside the garage to block the dismantling."

Dr Smith added that Mr Allen returned to his house only after police officers arrived.

The garage, which was built in 1994, was then demolished. But the dispute didn't end there.

Yesterday Recorder Prosser gave Dr Smith the right to place the garage's sections, measuring 5ft by 9ft by 3ft when stacked, on the Allens' land, even though this would mean squashing some of their roses.

The judge then turned his attention to the Allens' uninsured, untaxed Lada which had been in the garage at the time.

As it would be illegal to drive it, Recorder Prosser ordered the couple to have the car removed by 4pm yesterday.

And he warned the Allens: "If you don't, then Dr Smith will be given the right to dispose of it at your cost."

Recorder Prosser also ordered the couple to pay Dr Smith's legal costs of £500. He said: "You have brought this case by your behaviour."

Speaking afterwards, Dr Smith said: "I'm very pleased that closure is being achieved after a long delay."

His solicitor claimed in court that Mr Allen had been verbally abusive to Dr Smith during the dispute.