Are barbed wire fences legal

Answer 1

Barbed wire may be used to defend your property, but the law puts certain restrictions on its use. Section 104 of the Highways Act, 1980, says that where barbed wire on land adjoining a highway is a nuisance - which means it is likely to cause injury to people or animals using the road - a notice may be issued by the local authority requiring its removal. Local authorities usually consider barbed wire which is less than 2.4 metres from the ground to be a nuisance to highway users. The Highways Act does not deal with glass on walls, or nails and carpet gripper on fences. Such methods of preventing entry to your property are, however, highly dangerous. Glass cemented on top of walls, could, through weathering or inadequate workmanship, work loose and blow off causing injury. Depending on the height of the wall, there is also a risk to members of the public walking past who could be injured if they stumble and fall against the glass. If injury results on your premises, you could be faced with claims for damages under the Occupier Liability Acts. Occupiers of premises have a duty of care to people entering or using the premises. This duty even extends to trespassers, although it is not so extensive as towards people lawfully visiting or using the premises. A trespasser who could not be aware that glass was on top of a wall, or nails on a fence, and was injured, could have a claim against you despite the fact they were not authorised to be on your property. For further advice on this matter, contact your local crime reduction officer http://www.thamesvalley.police.uk/reduction/saferhomes/homesecurity/helaw.htm