TAKING measures to protect your property is often a hot topic of conversation.
But is it illegal to use barbed wire or razor fencing in your garden? Here we take a look.
Homeowners may take the drastic step to install barbed or razor fencing in the garden to protect their property.
It is not illegal to use this type of security fencing in the UK.
However, using a barbed wire or razor fence is considered potentially dangerous and can cause injury.
Although you are legally allowed to install it, it must be done with proper signage which warns people that it is in use.
Barbed wire or razor wire that is installed within 2.4 metres of a road is considered a nuisance and potential risk.
This means local authorities can issue notices for it to be removed.
If you are served with a notice to remove the barbed wire, then you must do so accordingly.
Also, the subject of whether or not homeowners have a duty of care towards trespassers is also widely debated.
The legal position is that they do have a duty of care towards everyone who comes onto their property, no matter what the reason.
Homeowners are legally obliged to make certain there are no risks or hazards that may injure someone entering their property.
Despite it not being illegal, using barbed and razor wire in order to stop people getting into your home is not advisable.
The police have warned that you are making yourself liable to civil action if someone is injured – even if it is a trespasser.
The use of such a preventative measure could also be seen as being detrimental to the neighbourhood.
Police advise using other methods of crime prevention such as trellis fencing.
This is effective because it increases the height of the boundary and it is not usually strong enough to hold an intruder’s weight
Prickly plants such as Hawthorne, Poncira, Pyracantha, Rosa Rugosa, or any kind of Berberis are also all effective obstacles against potential intruders.
Gardening experts over at Toolstation have revealed the garden laws you need to be aware of not breaking.
While some of these laws could land you with a fine of up to £20,000 in extreme cases, a friendly chat with your neighbours can usually resolve any issues.
Tree removal and pruning: If you have a tree in your garden you want to get rid of you better think twice and do your research.
The gardening experts reveal: “If one neighbour wishes to remove or heavily prune a tree that the other neighbour values, disputes can arise over the impact on the view, shade, or privacy. “
While it might cause a row, if it is in your property boundary it is ultimately your choice, unless it has a Tree Protection Order on it.
“But, some trees may be protected by a Tree Protection Order which makes it an offence to uproot, top or destroy them, the experts warn.
The maximum fine for breaking this law is £20,000, so make sure you double check if it does have a TPO.
You can find out by contacting your local council for a map that shows this information. Alternatively, you can ask to speak with your local tree officer.
Property boundaries and fences: One of the main causes of neighbours falling out is through arguing over property boundaries and fencing.
To avoid this situation, the gardening pros recommend checking the deeds of your property to determine the correct boundaries
“Most of the time, it’s easy to determine who owns the fence as the fence posts will usually be on the owners side,” they add.
“Additionally, the height of fences or hedges can cause disputes between neighbours if one party feels the height has exceeded the two metre guidance.
“Hedges and fences should be no more than two metres high, and you could be asked by the council to take them down if a neighbour complains about the height.
“Luckily, standard fence sizes are less than two metres tall so you shouldn’t have a problem.”
Garden structures and additions: A pergola is the perfect addition to a garden if you want somewhere to relax in the shade.
But if it obstructs your neighbour’s view or violates local building regulations it could cause a dispute, as can sheds and other garden structures.
“If you’re not sure, have a chat with your neighbours to let them know what you’re planning and, if there’s an issue, get in touch with your local council who can give you more guidance,” advise the gardening experts.
Overhanging branches and plants: “When branches, vines, or roots from one neighbour’s tree or plant extend into the neighbouring property, it can lead to disagreements over potential damage to structures, blocked views, or the burden of maintenance,” reveal the pros.
However, it’s important to note you can only trim overhanging branches up to the boundary of your property otherwise, it could be seen as trespassing.
You can climb into the tree to carry out the work if needed, but only on your property and make sure to stay on your side of the fence if you don’t have permission to enter your neighbours garden.
