Posted By Carol Ross A neighbour has welded home-made spikes to the top of our dividing garden fence. Local Authority Planning Dept are not interested since it is under the required height and police say they are not worried as long as there is a warning sign. However unlike manufactured spikes which branch out into three spikes and are propably unlikely to inflict too much damage these are individual spikes about 6" long and potentially lethal. I had hoped there might be a BS or other guidance which I could use in an attempt to have then removed but have so far drawn a blank. Any advice welcome.

Posted By Andrew Gordon Sheet 20 - PLAY AREA FENCING Many types of fencing are available but not suitable for play area boundaries. Provision of Fencing RoSPA recommend the provision of good quality fencing to contain play areas. However, there may be constraints concerning the design or type proposed. For example where a piece of land on which a play area has been provided is deemed to be "common land" it may not be possible to contain the play area. The location of the play area (i.e. rural wooded) may restrict the use of metal fencing and conversely heavy vandalism may preclude the use of timber. Similarly, a temporary play area may also determine the quality of fencing provided. In all cases the fencing should not contain any safety hazards and RoSPA make use of the control recommendations contained in EN 1176 (the play equipment standard) when assessing fences. Functions of Fencing Fences are recommended to contain children within the relative safety of the play area (away from roads and water hazards etc.) where they may also be casually supervised by their parent(s) or guardian(s). Allied with good gates, fences serve to reduce the risk of uncontrolled dogs entering the play environment. A minimum height of 1.0m is recommended. Design and Specification Considerations Fences should be constructed and erected in accordance with the appropriate part of BS 1722. The suitability of other proprietory fence systems for the intended use should be examined prior to placing orders. Some considerations are as follows:- rigid panels may not be suitable for sloped sites the security of proprietory caps and edgings child entrapments within the fence sharp and projecting fittings the durability of materials appropriate for any anticipated vandalism and likely usage the types of preservative treatment, i.e. the pressure impregnation of timber and hot dip galvanising etc. of steel As a general rule, the best quality/largest sections of robust material(s) that can possibly be afforded at the outset should be considered thereby minimising the necessity for frequent repairs and maintenance. Areas where problems do occur are:- breakage due to inadequate wire mesh diameter or supporting wire strength Lack of top board or rail to protect upper edge of fence from damage due to climbing the use of nails alone for the assembly of timber fences and their hazardous exposure following vandalism the use of spiked railings, barbed wire and fleur-de-lys split fence pales the dismantling of fences assembled with conventional fixings inadequate posts, rails and distance between centres incorrect installation Prepared for RoSPA by Nick Adams, Engineering Design Services, 19 Liddel Way, Valley Park, Chandlers Ford, Hants. SO5 3QF. Telephone: (01703) 255237

Posted By Jim Walker You don't say how high up they are, could you fall onto them? Whose fence is it? You might need to check the deeds to confirm. If it's yours, threaten "damages" for their removal. If it's his, erect a 7ft 11 inch (8ft requires planning permission) fence immediately in front just inside your boundary. Before erection paint his "side" the most hidious colour you can find and warn him if he touches it you'll claim damages. This might backfire as that mad irish gardener is most likely using this colour, and it is the latest fashion statement.

Posted By Robert K Lewis If this had been a boundary with public access then I seem to remember that the LA does have a duty to act. If as it seems this is between your gardens then the only rights you have are if it is your boundary fence defined in the deeds. It is still possible that this has been erected by your neighbour other to warn on his land and you then need to erect your own fence as described previously. Don't bother to warn him of liability just make sure it goes straight to claim!! There are I am afraid a lot of people who are totally unconcerned with others and feel they have a total right to protect their property in any way they wish. I do remember from somewhere that at around 2.4 metre you can erect even an electric fence providing it is signed - this applies in public access areas also. I sympathise with you and wish there was a solution without the need for court action in the event of injury. Our laws however are designed to punish transgressors and not prevent transgression. Bob

Posted By John Webster As someone who is also involved in "neighbourly discourse" over a boundary wall...! I presume from your posting that the neighbour is another domestic property, like yours. Firtly you must be clear from the deeds about who's fence this is and where the boundary lies. If the fence is along the boundary then it is usually in shared ownership. Both property owners are then jointly liable for its upkeep, and changes cannot be made without agreement. Often, owners are responsible for maintaining only the boundary on one side or the other. If the fence is built along the neighbours's side of the boundary, it is his and within planning constraints he can just about do as he pleases. There is little you can do about potential danger to you and yours until such time as something happens - then you can sue the pants off him. Obviously it helps if you have evidence he was warned of the danger. To take out an injunction/interdict you would have to be able to prove that the injunction/interdict was necessary. Other correspondents have noted that a fence (including any spikes!) can be up to 8 feet high without planning permission. I don't have the data in front of me, but this is reduced - I think to 4 feet, when within a certain distance of a road and/or if it projects beyond the building line. So that may be worth checking out with your local authority. If however the fence is on your side of the boundary, it is yours, and you are now the proud owner of a row of spikes which have been abandoned on your property. (Of course, it may be that you are just a nasty viscious person who keeps wild animals and uncontrollable children in his garden, and has designs on his neighbour's ass, wife etc.....)

Posted By Stuart Nagle Carol. As this is a domestic fence between two properties, the only requirements that I belive would apply are planning consent (re height restrictions) and access to maintain the fence (repairs, painting ect). If the fence had been ajoining a public right of way there may still not have been an issue, depending on the fence height and its distance from the public highway or public right of way, as the highways act 1980 only makes direct reference to 'barbed wire' and not spikes. Obviously the height of the fence will determine what level of risk is involved in anyone injuring themselves on the spikes (hazard) positioned on top of the fence. I would presume that the fence is roughly 6 feet tall and therefore the risk of injury (under normal emjoyment use of your garden is minimal (you are not planning to climb the fence are you?) so I further presume that your interest is mainly one of general concern for those who might (children and possibly burglars) and the general apprearance of the fence (with the spikes). As the Police have stated, a warning notice attached to warn of the risk of injury from attempting to access any property ajoining the fence would be beneficial to offset any civil proceedings for injury (from yourself on behalf of children or by a person perhaps trying to climb the fence for no good reason (burglar?), but it could be pointed out perhaps to your neighbour that there are alternatives to 6" metal spikes (and ruddy great high visibility signs!!), such as non-drying paint and plastic spikes (originally to deter birds from sitting on fences but jolly good at detering climbing as well, which may be just as good a deterent but offer a safer method of protection. The neighbourhood watch also state that making the top of a fence fragile enough to collapse if climbed, such as a trelice type structure, also makes for a good deterent as it would be obvious to most it would break (and be noisy!!) if anyone were to climb over it!! There have been a number of cases of 'unauthorised persons' injuring themselves in premises where they are not supposed to be, who have then brought successful civil claims against the owners/occupiers of the premises for their injuries. Like all fence disputes, this could run the risk of developing into a neighbour war, so be careful and ensure you approach your neighbour with dilligence and tact... Hope you get a result....

Posted By Dave Wilson Carol, Good idea, as an ex EHO, you would be surprised at the amount of time, distress and effort which could be spared if people only talked to each other. This person may not even know what your feelings are about this so go forth and chat or put a wooden fence up right next to his and grow climbing plants on it!