Crosswords0 min ago
Barbed wire Garden fence
5 Answers
My neighbour, usually regarded as antisocial, erected a three strand barbed wire fence, with a chicken wire fence behind it, along our boundary. I have small children who are likely to come intro contact with this barbed wire but he refuses to take it down,
During a previous boundary dispute which went to court, a judge and advisers visited the property to look at the boundary and the fence was seen and mentioned in passing.
Is there restriction on his use of barbed wire here or is there any path I can follow to resolve this unpleasant and dangerous problem.
During a previous boundary dispute which went to court, a judge and advisers visited the property to look at the boundary and the fence was seen and mentioned in passing.
Is there restriction on his use of barbed wire here or is there any path I can follow to resolve this unpleasant and dangerous problem.
Answers
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Just copied this off a UK wesite called gardenlaw.co.uk
Protecting against Trespassers
Traditionally owners have put deterrents to trespassers on their wall or fence and if it is a party wall just on their side. You will often have seen spikes or broken glass or barbed wire on the top of walls.
However, if the wall/fence borders the public highway, then the local authority has powers to protect the public by having the deterrent removed if it thinks it could cause a danger to highway users. If the deterrents causes a nuisance or by your negligence injures a passer by, then they may be able to sue you. Err on the side of caution because if the deterrent is considered to be excessive you could open yourself up to a criminal prosecution for an injury caused.
Protecting against Trespassers
Traditionally owners have put deterrents to trespassers on their wall or fence and if it is a party wall just on their side. You will often have seen spikes or broken glass or barbed wire on the top of walls.
However, if the wall/fence borders the public highway, then the local authority has powers to protect the public by having the deterrent removed if it thinks it could cause a danger to highway users. If the deterrents causes a nuisance or by your negligence injures a passer by, then they may be able to sue you. Err on the side of caution because if the deterrent is considered to be excessive you could open yourself up to a criminal prosecution for an injury caused.
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