Posted By Raymond Rapp
I was recently asked whether it is legal to put up barbed wire on fencing. My initial thought is that it is legal. The environment is a small conference league football club who are having problems with vandals and graffiti artists.

Anyone have an opinion on this please?

Regards

Ray

Posted By Stuart Nagle
Section 164 of the Highways Act 1980 covers the 'nuisance' of barbed wire.

Generally, a Highway Authority may may serve a notice on the owner of a fence
built or containing barbed wire if it appears to the competent authority (the
highways Authority) that the barbed wire is a nuisance to people exercising their
legal right to pass and repass along the public highway.

Case law has denoted the term 'nuisance' to be barbed wire that is generally positioned
within 2.0m of a public highway, adjoining the public highway and below 2.0m in height.

In both these circumstances you could expect, in the fullness of time to get
served with a notice to remove the offending barbed wire, which must be done
by the date stated in the notice (not less than one month and not more than six months.

Failure to comply with a notice means an appearance in court, fines, and possibly
being recharged the costs of work to emove the barbed wire by the highway
authority if they undertake to carry out the work to remidiate the situation.

The same law applies where the highway authority are the land owners, where action
can be instigated by a 'ratepayer' or 'occupier of land'

So, in general... Not near than 2.0m to a public highway and over 2.0m
in height. however problems can exist where land drops away from a highway and so
even when erected on top of fence over 2.0m in height the actual height in
relation to the adjoining highway is still less than 2.0m particularly if the
area is highways land adjoining the fenceline and is maintained land (e.g. mowed,
cleansed of refuse/rubish etc or deemed an amenity).

Stuart

Posted By Dave Wilson
Ray,

I think the main emphasis is that you cannot put up anything if it is designed to 'deliberatly' injure someone,so for instance you cannot put up barbed wire which is hidden etc so that a person climbing over the wall when they jump down will get injured, or allow your vicious dogs to freely roam etc.
Hope you get the gist mate