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Property/DIY

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Original poster

Barbed wire on fence post

22 replies

purpleme12 · 05/08/2023 21:28

Neighbour has put barbed wire on fence post between our gardens but on our side of fence post and put it across the little part of the boundary that you can see (the rest of it you can't see as it's 6 fit fence).
Can I just go and clip this barbed wire down?
Not that I've even got anything to clip it down with

OP posts:

NonmagicMike · 05/08/2023 21:32

Possibly yes but I’d be inclined to go chat to them first and see if a less drastic solution can be found. You could phrase it along the lines of I don’t want my dog / children / cat / mother in law / whatever cutting themselves whilst in garden therefore pretty please can it be re-thought. If you don’t get on with them then feck it, cheap pair of bolt cutters…

Merapi · 05/08/2023 21:33

You could always ask them why they have attached it to your side of the fence rather than theirs.

Original poster

purpleme12 · 05/08/2023 21:39

I know why they've attached it. They are truly awful people. I don't talk to them because of everything they've done.
It's just that they will literally try anything to get me.
So I wanted to check

OP posts:

VeniVidiWeeWee · 05/08/2023 22:11

Well, they've trespassed on your land, a civil matter, but you're proposing cutting their wire, potentially a criminal matter.

Your choice.

Original poster

purpleme12 · 05/08/2023 22:16

Oh right.

Although they have trespassed into my land many times, they didn't have to to do this. Just a case of leaning over here.

OP posts:

QuestionableMouse · 05/08/2023 22:19

Take out whatever they're used to attach it rather than cutting it.

Then look at installing taller fences if you can!

cruffinsmuffin · 05/08/2023 22:21

Is it their fence post, even though it's attached to your side? Not sure if that will make a difference?

Original poster

purpleme12 · 05/08/2023 22:24

QuestionableMouse · 05/08/2023 22:19

Take out whatever they're used to attach it rather than cutting it.

Then look at installing taller fences if you can!

Thanks. I did put up 6 foot fences between all down, losing a part of my garden (it was worth it) but there is a small gap at the end where the original much smaller fence is which is where they've chosen to do this.

OP posts:

CandyLeBonBon · 05/08/2023 22:25

you are legally allowed to install barbed wire to your garden fence, however it must be done with proper signage. If you are served with a notice to remove the barbed wire from your fence, then you must do so accordingly. Failure to remove the barbed wire may result in fines or court action.

Original poster

purpleme12 · 05/08/2023 22:27

CandyLeBonBon · 05/08/2023 22:25

Oh so just needs a sign anyway then.

OP posts:

CandyLeBonBon · 05/08/2023 22:31

Basically I think you can complain and if they don't comply you have a case

CandyLeBonBon · 05/08/2023 22:33

Police forces advise against the use of barbed wire to protect residential buildings as the householder is likely to be liable for any injuries or damage caused if a trespasser or burglar attempted to break in. They recommend considering alternative, safe perimeter security precautions.
Duty of Care to Trespassers
The subject of whether or not property owners and occupiers have a duty of care towards trespassers and others who may be engaged in criminal activity, is widely debated. But the legal position is that householders and occupiers do have a duty of care towards everyone who comes onto their property - for whatever reason.
This means they are legally obliged to make certain there are no risks or hazards that may injure someone entering their property. This is clearly stated in the Occupiers Liability Act 1984 and it means that if someone is breaking into a property and they sustain injury they have a right to sue the occupier or property owner due to whatever unsafe conditions caused their injury. This can mean that a burglar who scales a fence or wall and injures themselves on barbed wire can make a claim against whoever was responsible for installing the barbed wire.
Property owners and occupiers can go some way toward protecting themselves by fulfilling their duty of care by prominently displaying warning signage. If barbed wire is being used the warnings should clearly state the risk. If an intruder tries to sue a property owner or occupier judges will consider whether there was adequate warning signage in place and did it fulfil the occupier’s duty of care responsibilities. The Criminal Justice Act 2003 states that criminals found to be guilty can only sue property owners or occupiers if they get permission from a court, unless the security measures taken were excessively unsafe.

Original poster

purpleme12 · 05/08/2023 22:35

Oh god

OP posts:

purplecorkheart · 05/08/2023 22:41

Are they doing it to stop an cat or animal to enter their garden? If not could you just block the gap with trellis or something similar so you do not have to see it.

If it is to harm an animal there are probably much more knowledgeable MNetters who can advise what you can do legally.

Original poster

purpleme12 · 05/08/2023 22:45

If it was to stop an animal I think it would be in other places too.

Just didn't want anyone to think I'd put this there

OP posts:

Dombasle · 05/08/2023 22:51

An you wrap duct/duck tape around the barbed bits?

Original poster

purpleme12 · 05/08/2023 22:52

Oh I don't know maybe.
Do you think this would be ok?

OP posts:

CandyLeBonBon · 05/08/2023 22:57

If you hurt yourself on barbed wire that they imposed n your property I guess you could take them to court but o think it would be a civil case, you could ask police for advice and say you're concerned that it could be unsafe?

purplecorkheart · 05/08/2023 23:05

Not sure if it would stand up in court but could you send them a letter by registered post saying that they did not have consent to put the wire on your side, that you want it removed and that until they do so that you consider them 100% liable if anyone gets injured by the wire. I know they will ignore it but at least if some one gets injured you have something to back up that your tried to get it removed. Depending on who owns the post I would maybe build a wooden box like structure around it and put a hanging basket if it is really upsetting you but just curious why are you so worried that people will think that you put it up?

CandyLeBonBon · 05/08/2023 23:07

Surely if it's on your property you can get rid of it?

Original poster

purpleme12 · 05/08/2023 23:11

It's on my side but looking at the photo close up I think they've secured it to their side (if you see what I mean).

And I worry because of everything they've tried to do to us. I can't explain what it's like living here now

OP posts:

CandyLeBonBon · 05/08/2023 23:15

purpleme12 · 05/08/2023 23:11

It's on my side but looking at the photo close up I think they've secured it to their side (if you see what I mean).

And I worry because of everything they've tried to do to us. I can't explain what it's like living here now

Honestly, I'd seek advice from the police. They won't do anything, but you will have advice as to what you can put in place legally, and it sounds like you've had a bellyful of issues with them.

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