Neighbour removes fence, replaces with barbed wire?

sdavies13

Hi,


New neighbour's at the bottom of my garden who (thankfully) seem to be making the effort to tidy up their garden. Only problem is they have pulled down a (short) length of plastic coated wire fencing and bridged the gap with barbed wire.


The wire in question has been pushed through into my garden (they haven't pulled tight, just looped it around a tree trunk and some concrete posts). Did try chatting to them about the hazard and couldn't they replace with something less intrusive or pull it tight but they said they were worried about someone using my garden to access the rear of their property and if I have a problem perhaps I should replace it with proper fencing.


Have to admit the plans don't make it clear who owns that bit of fencing and don't want to get in a dispute incase I later decide to sell.


Any thoughts/suggestions?


Thanks.

Aylesbury_Duck

Unless their deeds specify anything else, they probably only have responsibility to mark the boundary, which it appears they've done. You cannot compel them to fit anything more. If you cannot determine who owned the original fence, you can't do anything more. They could mark it with string if they wished. There's nothing to stop you erecting your own fence on the boundary if you wish. You would then own that fence.

They do have a responsibility to make sure the wire doesn't encroach onto your land, so pulling it tight would be sensible.

Mojisola

Aylesbury_Duck wrote: »

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I've followed this advice - "To turn smart punctuation off, all you have to do is go to Settings > General > Keyboard, and then turn off the “Smart Punctuation” toggle." to get rid of the codes.

carlislelass

Isn't barbed wire fencing illegal?

McKneff

It should be, its downright dangerous

daveyjp

A homeowner must ensure they do not so something which may cause injury to others, whether that be visitors or trespassers.

Its a garden, not a WW1 battlefield. If they want to keep people out they should erect a fence.

Carrot007

carlislelass wrote: »

Isn't barbed wire fencing illegal?

No. Though they have a duty of care to ensure noone is injured on it. including the sort of people they are trying to keep out who may be very well versed with the law should it occur.



But to OP's question. You can't force them to do anything and if you want a nice fence you will have to put on up.

FreeBear

daveyjp wrote: »

Its a garden, not a WW1 battlefield. If they want to keep people out they should erect a fence.

Or plant a hedge - One of my favourite hedging trees is Poncirus trifoliata In the summer months, dark glossy leaves with orange fruits. Holly is also a good standby for intruder resistant hedges.

boliston

I'm sure there are laws on barbed wire in that it has to be over a certain height if it's on a boundary 2.5 metres I think.

AndyMc.....

boliston wrote: »

I'm sure there are laws on barbed wire in that it has to be over a certain height if it's on a boundary 2.5 metres I think.

If it's his fence, his boundary and on his property he can do as he hikes. I think.

brightontraveller

There are laws for adjoining public highways Section 164, clause (1) of the Highways Act 1980and to an extent Occupier’s Liability Act 1984 you can attempt to Discharging the Duty with signs etc household insurance may also be void if used certainly others but above are common although they do not from description appear to breach but are certainly lacking in others