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Allotments barbed wire erection advice
What are the regulations currently in force in respect to the erection of babed wire over an entrance gate to an allotment and to plug gaps in the perimeter fence
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This is advice given by Greater Manchester Police on the use of barbed wire on fences.
The Use of Barbed Wire
Barbed wire may be used to defend your property, but the law puts certain restrictions on its use.
Section 164 Highways Act 1980, says that where, on land adjoining a highway, there is a fence made with barbed wire in or on it and the wire is a nuisance to the highway, a notice may be issued by the Local Authority for the nuisance to be removed.
Being a nuisance means that it is likely to cause injury to people or animals using the highway.
In practice, most Local Authority Highways Departments usually consider that barbed wire lower than eight feet from the ground could be a nuisance to highway users.
The term "Barbed Wire" means anything with spikes or jagged projections, so would also include the wooden carpet gripper strips which have nails sticking up through the wood.
If the barbed wire is not adjoining the highway and an injury results, you could still be faced with a claim for damages under the Occupier Liability Acts. Occupiers of premises have a duty of care, to people entering or using their premises. This duty even extends to trespassers, although it is not as extensive as it is to people lawfully using or visiting the premises. So a burglar, who could not be aware that barbed wire was on top of a fence and injured himself on it, could have a claim against you despite the fact that he was a trespasser.
If you wish to have some sort of barbed wire protecting your property, it may be a good idea to check with your home insurance company that they would cover you in the event of a person claiming for an injury caused. It is for these reasons that most residents prefer to use Mother Nature's own barbed wire, a prickly bush, climbing rose or similar. A separate Fact Sheet gives advice on suitable prickly plants.
The Use of Barbed Wire
Barbed wire may be used to defend your property, but the law puts certain restrictions on its use.
Section 164 Highways Act 1980, says that where, on land adjoining a highway, there is a fence made with barbed wire in or on it and the wire is a nuisance to the highway, a notice may be issued by the Local Authority for the nuisance to be removed.
Being a nuisance means that it is likely to cause injury to people or animals using the highway.
In practice, most Local Authority Highways Departments usually consider that barbed wire lower than eight feet from the ground could be a nuisance to highway users.
The term "Barbed Wire" means anything with spikes or jagged projections, so would also include the wooden carpet gripper strips which have nails sticking up through the wood.
If the barbed wire is not adjoining the highway and an injury results, you could still be faced with a claim for damages under the Occupier Liability Acts. Occupiers of premises have a duty of care, to people entering or using their premises. This duty even extends to trespassers, although it is not as extensive as it is to people lawfully using or visiting the premises. So a burglar, who could not be aware that barbed wire was on top of a fence and injured himself on it, could have a claim against you despite the fact that he was a trespasser.
If you wish to have some sort of barbed wire protecting your property, it may be a good idea to check with your home insurance company that they would cover you in the event of a person claiming for an injury caused. It is for these reasons that most residents prefer to use Mother Nature's own barbed wire, a prickly bush, climbing rose or similar. A separate Fact Sheet gives advice on suitable prickly plants.
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