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Old 31-12-2003, 03:20 PM
 
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Default Boundary crossing deterrents(was tree cat damage)

In article , Bigjon
writes
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).


But surely if you can only become injured by clambering over said
wall/fence, you cease to be a passer by and become an unwelcome visitor

--
David