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Old 31-12-2003, 04:49 PM
Mike Lyle
 
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Default Boundary crossing deterrents(was tree cat damage)

"Heather" wrote in message ...
[...]
Try the Occupiers Liability Act 1984.

Section 2 requires an occupier of premises to take reasonable care to ensure
that trespassers are not injured by a danger on the occupier's land of which
he (the occupier) was aware.

The law in this case (which is clearly an ass) would not consider a row of
nails along a fence to be "reasonable". This not only could the occupier be
prosecuted under this (criminal) law, but it would give the injured
trespasser the right of action in the civil courts. There is some
indication that putting up warning signs may be a suitable defence, however
I'm aware of at least one case (involving a commercial occupier not
domestic) where this defence failed because the trespasser (who was
seriously injured) could not read.......


I never understand when this kind of topic comes up why people think
the law is "an ass" for providing that we should avoid putting
dangerous things in proximity to the public. We could all think of
plenty of ways in which a spiky fence might injure the person or
property of a perfectly innocent passer-by; and it's not much harder
to think of perfectly innocent reasons why one of us might need to
scramble over somebody else's boundary without permission.

Mike.