[Yorkie]

I had the same issue, once a fortnight i would notice one or two items missing with the ground nicely brushed to look as if nothing had ever been there...i have now put up 100 metres of coiled barbed wire on top of my fence, this seems to have moved them on, although other plot holders have stated they have had stuff go missing as well

1. Does this border a public footpath?
2. Is it more than 2m above ground level?
3. I assume you've not put up warning signs?

Be aware that if anyone hurts themselves on  the wire, you will personally be liable for the compensation for their injuries, irrespective of the reason they were on the plot.  This is a highly risky strategy.

I've read this type of cautionary note before. Are there any actual records of thieves injuring themselves when climbing into allotments or other private properties and then successfully suing the allotment holder/owner?

Yes.  Certainly the principle is very long established in caselaw (the Occupiers Liability Act goes back over 50 years).  I do not know whether there have been any cases specific to allotments but the law applies in all circumstances so an allotment holder would not be exempted for any reason.

[AlaninCarlisle]

I should imagine that if a known thief cut himself on barbed wire whilst breaking into a garden then the expected tabloid ridicule would deter any magistrate or County Court judge from making any kind of award

[Yorkie]

No.  You are wrong.  The case law is quite clear.  And at present we have a judiciary which, thank goodness, is not politically or tabloid newspaper swayed.  There are rules on contributory negligence which might affect the overall amount of the award but the occupier is liable in law for injury to people present on their land.

[sunshineband]

No.  You are wrong.  The case law is quite clear.  And at present we have a judiciary which, thank goodness, is not politically or tabloid newspaper swayed.  There are rules on contributory negligence which might affect the overall amount of the award but the occupier is liable in law for injury to people present on their land.

We have to be really careful at school to consider this at all times. We spend ages making sure that signage etc is visible to potential intruders, that there is nothing that could hurt them climbing over the fence etc. Seems extreme sometimes but it avoids potential litagation, which does it for me

 

[joyfull]

this might be of interest:-

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.
 
Reproduced by kind permission of the South Trafford Crime Prevention Panel
Author: PC Chris Mackenzie, Assistant Force CSO, GMP
Copyright © 1995, Greater Manchester Police
 

[John]

I think it's worth keeping in mind that the law is what it is, no matter how daft it may seem to us mortals. I'm of the opinion that a householder should be able to protect his property as he sees fit from intruders but that (my opinion) is neither here nor there.

On the practical side, a tall thick hedge of prickly plants is much harder for intruders to penetrate than a barbed wire fence.

The bulk of allotment problems are caused by youngsters and one of the best ways of stopping them is to involve them. I've seen the effect of kids having a plot - they feel they own the site (in a nice way) and so deter other kids from causing troubles. And the kids all know who the troublemakers are.

Involving immediate neighbours is good as well. We had a few lads sneak on site - their face when the site rep showed one the photo of him and his pals an overlooking householder had taken was a picture in itself.

[Ian_A]

deep trenches around the plot, covered with bracken and things. Intruder steps on and wham, they are trapped!!! If only.

But yes the law is there for a reason despite the many peculiarities it has to those who have not studied law. And it would be typical that someone goes an extra (extreme?) measure to protect their bit, something unfortunate happens to a perpatrator and it is the poor plot owner that gets into trouble - something the Daily Mail would have a field day with sadly.

[John]

it is the poor plot owner that gets into trouble - something the Daily Mail would have a field day with sadly.

I can think of better ways to get in the papers than doing 6 months in prison  :blink:

[AlaninCarlisle]

6 months prison for putting barbed wire round a plot? Steady on there

[sunshineband]

6 months prison for putting barbed wire round a plot? Steady on there

Depends on the outcome really 

[John]

6 months prison for putting barbed wire round a plot? Steady on there

I was referring to Ian A's deep trenches.. but who put the sharp stakes in them??

[Paul Plots]

Pyracantha is fairly easy to propagate from cuttings and is frequently grown to encourage wild-life to consume its berries. "Fire Thorn".

Makes a nice hedge and grows relatively quickly, can be trained and trimmed.
As far as I know you don't need a notice saying "Beware of the prickles".  :happy:

[sunshineband]

Pyracantha is fairly easy to propagate from cuttings and is frequently grown to encourage wild-life to consume its berries. "Fire Thorn".

Makes a nice hedge and grows relatively quickly, can be trained and trimmed.
As far as I know you don't need a notice saying "Beware of the prickles".  :happy:

But you can be taken to task if it has long whippy branches coming out over a footpath of course 

[Paul Plots]

Pyracantha is fairly easy to propagate from cuttings and is frequently grown to encourage wild-life to consume its berries. "Fire Thorn".

Makes a nice hedge and grows relatively quickly, can be trained and trimmed.
As far as I know you don't need a notice saying "Beware of the prickles".  :happy:

But you can be taken to task if it has long whippy branches coming out over a footpath of course 

I quite like pruning ours. It takes time and precision so can't be rushed. 

[John]

I quite like pruning ours. It takes time and precision so can't be rushed. 

Pruning pyracantha requires..

Secateurs
Thick gloves
Dettol
Anti-septic cream
Box of plasters