Just wondering if anyone actually knows if this is legal to have barbed wire smack at the side of a footpath or in this case a Trans Pennine trail path that runs through my local wood?
I often use this path and see many cyclists using the path which is part of the TPT network which runs through the wood across road from where I live. Also horse riders and people walking there dogs and kids use the woods and the path.
Said area is a few fields that run at the side of the trail 300 -400 yards of barbed wire on the top of the fence and I presume they have used it as they keep horses in the field. The only thing is my dog as got caught up in the fence a few times and with it being smack at the side of the trail and the path only being about two meters wide if you fell off on the bike it would be nasty or on a horse. Not to mention with kids knocking about. Its on a slight downhill too and a bit rutted and slippy so it is defiantly a risk. I ripped my glove on it on the bike!
Just wondered if this was allowed in a place like that. Guess it just pissed me off when my dog as had a sore belly a few times!
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Don't know legally, but there is loads of it alongside footpaths round here.
Keep the dog on a lead maybe ?
I use to put it up as a Ranger on footpaths and bridleways so it must be legal. It's about keeping stock in rather than the public out. Cows don't know not to push a fence over because it's near a footpath :O)
edit
Sorry to hear about the hound. Not nice when they get hurt :O(
It's not illegal, but if it causes you harm you would have a case for damages against the owner in a civil court.
edit : You'd be better off finding out who has responsibility and talking to them, they could be reasonable.
loum - how? If it was lying across te trail then maybe but surely if it's correctly fitted on the fence then it's down the public not to fall into it?
If the trail is so badly rutted you might want to try the local authority for some resurfacing as they will have a responcibility to maintain it.
Any responsible landowner would put the barbed wire on the field side of the fence post, with another plain wire at the same height on the path side. Don't see that very often.
Illegal anywhere in most scandinavian countries.
Timbur, duty of care.
Also:
Section 164 of the Highways Act 1980 says that barbed wire on land adjoining a public highway must not cause a nuisance to humans or animals using the highway. Anything placed below 2.4 metres high will usually be deemed to be causing a nuisance and the local authority can issue a notice demanding its removal.
Worth reading this too: http://www.****/news/article-1075809/No-barbed-wire--hurt-thieves-allotment-holders-told.html
As a fencing contractor in derbyshire we always put barbed wire the stock side of the fencing, and if we can we will put plain wire as it's alot nicer for the public.
Below 2.4m? Blimey. Useless on a stock fence then :O)
I was sledging with my lad earlier just off a footpath that was less than 1m wide in places but had barbed wire on it. We used commonsense and didn't stumble into it. Shame the same can't be assumed for everyone anymore. ๐
I'm not clicking a link with "Daily Mail" in it. I'm not my dad yet.
I sliced across my torso on some barbed wire up on the mendips. Oh well, I healed. My shirt didn't though but at least the bike got away with a few tiny marks to the anodising on the Thomson seat post.
Loads of barbed wire round here on footpaths and bridleways. Have to quite careful walking on some as they re very narrow.
This forum gets more like MumsNet every day...
And by law, your dog should be on a lead, if its private land.
When I've designed perimeter fences with razor wire it has to be behind another fence to the public realm. Barbed wire fences are there to keep you on your toes ๐ better than when they used to put electric fences in the way.
Its a public path not private land b.r
At least it's not France where everything's electrified...
And by law, your dog should be on a lead, if its private land.
Not in Scotland of course. The dog only requires to be under "close control".
You are travelling through farm land FFS. Do you want all trees to be surrounded by padding too?
Dogs have to be under control and have a collar but don't have to be on a lead unless theres a specific bylaw.Responsible owners would also realise other times when to put a lead on, such as through farm stock or by a road.
..... Or when there is barbed wire that the dog might damage itself on ?
[i]Its a public path not private land b.r [/i]
Public [b]land[/b] or [b]right-of-way[/b] - just because its the latter, doesn't automatically mean its the former.
It's illegal to not have a dog under control I can tell you that much.
It's illegal to not have a dog [s]under control[/s] on a lead I can tell you that much.
FTFY ๐
From what I've been told it's not illegal, that said though, if anyone or anything hurts themselves or damages anything on it, it is the fault of the landowner (they have a duty of care)
I went through a similar thing last year when the local scrotes kept on climbing onto the wall in the front garden, asked the local bobby who said I could put whatever I wanted up, within reason obviously, but if anyone hurt themselves or damaged clothing I'd open myself up to prosecution or being sued.
Dunno if that's true or if he was just trying to make his life easier
Barbed wire, if needed for stock control and not dangerous or a nuisance, has to be on the field side of the fence or the landower will be liable for damages.
Dogs don't have be kept on a lead (whilst accompanied) on a Public Right of Way, but they need to be kept under close control (which isn't defined in law as its a matter of judgement), and its recommended (although not law - the wording is something like 'at large' - again not defined) that they are on a lead in a field with livestock.
Only on Access Land off a PRoW do dogs need to be on a lead not more than 2m long (a) in the vicinity of livestock and (b) between the 1st of March and 31st of July.
There can be specific bylaws banning dogs / specifying they're on a lead on PRoW's but they're quite rare ๐
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As for the landowners / occupiers, yes they have a duty of care under various acts for any injuries caused to path users, be it dangerous animals / collapsing stiles / machinery / whatever, but this doesn't include deliberate trespass (as above) or injuries caused by natural features when on access land.
Old mine workings / quarries are different and a complete PITA ๐
You are travelling through farm land FFS. Do you want all trees to be surrounded by padding too?
Yes, lets de-steepen a few hills too eh...... ๐
Wow. Most answers showing commoin sense , a first or at least a rarity.
Seriously it is so nice to see that people are aware that those who live and work in the countryside are not totally subserviant to the recreational user.
Anywy barbed is great for breaking your fall. You try grabbing plain wire fencing and expecting to stop.