Trespass, Liability and a pond!

[PondPaddler]

Wondering if there’s anyone with legal know or experience who could help here.

Our garden adjoins a plot adjacent that is a natural pond- very large, and shallow. The boundary falls about a metre or two from the bank. Both plots are private property.

There has never been a fence between the end of the garden and the pond site. The pond owner is now threatening to closeboard fence the boundary unless we pay an enormous price for the bank or pond site entirely though is siting health and safety.

is the liability with the pond owner or with us to ensure users of our land do not come to harm?

could a liability waiver of some sort remove the responsibility of the land owner?

if not, would a post and rail fence suffice as a boundary rather than close board? The pond is a significant site for wildlife as well as us wanting to maintain our views.

thanks jn advance if anyone can help!

I'll be the owner of the land the pond is on. I don't think you could waiver this, although my experience of landowner liability is entirely based on commercial tenants on land owned by a large public organisation, rather than domestic/private ownership.

I feel that if the landowner wants to take steps to limit access to the pond and accidental drownings, then it would be very difficult to object. If you go along with the concept though, you may well be able to influence the style of fencing they install.

Does the pond cross over on to your land? Do you part own the pond?
I'm not lawyer but I would have thought if someone entered the pond from your land, you'd be responsible. If someone entered the pond from the other bit of land they would be responsible. The fact the pond is shallow is neither here nor there.

So broadly speaking the landlord has come to you with an offer to sell you the pond?

Are they proposing a fence around the whole perimeter or just next to your garden?

Do you suspect it about money rather than safety?

they are entitled your fence their land to stop trespass if they want to - you don't own a view.

you could always put up a wire stock fence your side to try and negate the threat of them putting up closeboard.

unless the threat of close board because dogs/children from your side are heading pondwards regularly?

If the pond is on their land, and they have a boundary, then they can fence it. Has their been an issue with people from your property accessing the pond on the assumption is mutual property? Children regularly visit your property? Id assume something must have sparked this concern from them, and unfortunately you're not entitled to be able to look at their pond because it's a good view. Only thing would be (I think) if in a conservation area, whether there is a consideration to the type of boundary fencing that is acceptable?

Thanks all. Water course doesn’t touch the boundary

definitely they are within their rights, though we know that’s not their actual concern and it’s been about trying to achieve a certain price by threatening devaluation (words of the estate agent!)

seems like type of fence may be an approach. Any ideas if you’d just need any fence for trespass liability? Or doesn’t have to be a fence that is hard to go around?

only children and dogs are our own and visitors (our responsibility) but no one has entered the pond or tried to

Are they wanting you to buy it and saying if you don't then they will fence it off to protect their liability from anyone at your side falling in the pond, thus spoiling your view as the threat to get you to pay up?

yeah I'd just put up a wire and post fence on your boundary, and plant a hedge your side to improve the appearance of it in a few years time. With a nice rambling rose amongst it perhaps.

Are they looking for money from you, or to increase the value of their place? If they're trying to blackmail you for a view, I wouldn't be engaging or offering any money- sod that. I'd take the loss of the view, which would be annoying, I know, over being bullied for money!!!!

Seems to be just about money but hiding behind health and safety/liability.

if we bought the bank of the pond on our side, up to the waters edge, would that absolve their liability for people falling into the pond? I don’t see how that works, but buying the bank (also for a vast sum) seems to make this fence go away, but I’m struggling to see how that solves the legal/health and safety problem of the pond (and them owning the water). Obviously solves our view issue, but surely they can just put a fence on the waters edge and the game continues.

really appreciate all thoughts!

Could you call their bluff by offering a low wire fence around your property? Then you keep the view?

Fundamentally, if they want to fence it, they probably can, unless it’s a site if scientific interest or summat.

From what I understand from boundaries (which only extend to farming), it's your job to keep anything from escaping from your property, in your case dogs, children etc, but not necessarily his responsibility to stop people / children / dogs from trespassing. He only needs to prove that hazards are obvious. If I were you I would put up a post and rail fence. It defines your boundary and stops anyone from your side wandering in and getting hurt.

Hi, did you ever get a resolution on this and did you seek legal advice?
Strangely, I'm in a very similar scenario that may lead to a boundary dispute.

Many thanks,

Ashleigh