Mike declared:


Surely the restriction is that your boundary shouldn't injure the user
of the right of way using it as such?


Quite correct. We are just about to have a wire fence erected the full
length of a Council Owned Playing Field. Wire on Concrete posts, leaning in
at the top with barbed wire on.

Climbers and vandals beware

Mike

Quite INCORRECT.
"...[ ]..If the deterrent causes a nuisance or by your negligence injures a
passer by, then they may be able to sue you...[ ].."
This includes fence/wall toppings that are at an accessible height, I.E.
2.5m and lower adjoining a public right of way (although there are great
regional variations, this is a good rule of thumb).

The local councils make the bylaws, and certain premises are often exempt,
- schools, some factories, shops and yards etc. Although the general public
at large have a right to apply for planning permission to erect similar
defences, the problem is that you will need very strong grounds to get that
permission, which will 9 times out of 10 be refused. Just because they are
sometimes erroneously placed on domestic property boundaries does not mean
it is "Legal" to do so, it just means nobody has reported it to the council
planning dept yet.

"Legality" is not really the issue anyway - the issue is whether or not a
person has inadvertently broken a local bylaw, and although it is unlikely
the council would bother to prosecute for a minor infringement, the
property owner is providing _certain_ grounds for any injured party to sue
them, no matter how or why they were in a position to get injured !!

Jon
(22 years in Local Government)
--
Never argue with an idiot.....
They drag you down to their level, then beat
you with experience
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