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Spikes on top of a fence

Started by Inspector, September 28, 2020, 08:38:22 AM

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Inspector

My neighbour is having  a problem with her shared fence and wondering if anyone has any advice.

She shares a fence with her neighbour.  She loves animals, they hate them. So to stop animals coming into their garden they have put small spikes on top of their fence.  My neighbour is very worried that this could hurt her cats if they climb on top of the fence.

So 2 questions:

1) is it legal for a neighbour to put spikes on top of a shared fence?  If not, what action can my neighbour take?
2) does anyone have a safer solution to keeping pets out of their garden than putting spikes on top of their fence?


Inspector

Thanks Hippogriff.  The key points from your link are that they have to be plastic and cannot harm a cat.

''If you are going to fix spikes to your fence, make sure the wall is yours and not shared with your neighbour.''

I will check today to see whose fence it is. 

Inspector

Have checked the fence.  They are plastic spikes and quite short so believe that part is within regulation.

However, I believe it is a share fence which the article suggests might make this against regulation or whatever phrase you want to use.

Guess my neighbour will need to report this to the council and see what happens.

Hippogriff

Quote from: Inspector on September 28, 2020, 01:56:28 PMGuess my neighbour will need to report this to the council and see what happens.

But is it even a problem if they're short and plastic?

The article I linked to says that they would be illegal if they could hurt the animal (they assume cat). However, the neighbour has obviously (?) gone to the trouble to get spikes that are not only legal but would also not cause harm to the cat... only discomfort... and a cat will quickly learn... therefore hasn't the action the neighbour has taken been the correct action, one that is the best for everybody?

Unless your friend thinks their cat should have free run of all other properties... and be free to leave their business there etc.?

If you (they) take this further now what would the point be? Just animosity, right?

Hippogriff

I would think... a box of chocolates for the responsible neighbour.

A much better outcome than them laying out some attractive poison... or an air-gun 'accident'... or a cat-napping.

Inspector

Quote from: Hippogriff on September 28, 2020, 02:32:32 PM
Quote from: Inspector on September 28, 2020, 01:56:28 PMGuess my neighbour will need to report this to the council and see what happens.

But is it even a problem if they're short and plastic?

The article I linked to says that they would be illegal if they could hurt the animal (they assume cat). However, the neighbour has obviously (?) gone to the trouble to get spikes that are not only legal but would also not cause harm to the cat... only discomfort... and a cat will quickly learn... therefore hasn't the action the neighbour has taken been the correct action, one that is the best for everybody?

Unless your friend thinks their cat should have free run of all other properties... and be free to leave their business there etc.?

If you (they) take this further now what would the point be? Just animosity, right?
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I agree with you.  I don't believe these spikes will harm an animal and the neighbour has done things correctly except for possibly putting the spikes on a shared fence.

By law cats can go into any garden and any deterrent has to be within legal guidelines.  It's a cats life I guess.

But my next door neighbour will likely disagree with this.  She may go to the council but unless they have an issue with the spikes being on a shared fence there is little more to be done.

Hippogriff

It's not about the law, though, is it?

It's about maintaining a healthy relationship with the people around you. If someone is looking for a fight, then they're always easy enough to find... but why go looking? I mean, the whole notion of getting the Council involved is outlandish (to me). Whatever happens - whether the Council says they're OK or the Council says they must go - the person who put them up in a genuine effort to resolve a problem (in a responsible way) is going to have their nose put out of joint and they will feel like a victim (whatever the rights and wrongs) - and you don't know what will happen next.

I doubt it would be the end of the matter, yeah?

Maybe the cat owner can't bear the thought of their own cats crapping in their own garden? Best to have them do it elsewhere, I suppose... leave it for someone else.

Inspector

Quote from: Hippogriff on September 28, 2020, 03:47:15 PM
It's not about the law, though, is it?

It's about maintaining a healthy relationship with the people around you. If someone is looking for a fight, then they're always easy enough to find... but why go looking? I mean, the whole notion of getting the Council involved is outlandish (to me). Whatever happens - whether the Council says they're OK or the Council says they must go - the person who put them up in a genuine effort to resolve a problem (in a responsible way) is going to have their nose put out of joint and they will feel like a victim (whatever the rights and wrongs) - and you don't know what will happen next.

I doubt it would be the end of the matter, yeah?

Maybe the cat owner can't bear the thought of their own cats crapping in their own garden? Best to have them do it elsewhere, I suppose... leave it for someone else.
Once again I agree with yoiu.

It seems to me the neighbour has acted accordingly and put the spikes up in a safe way.  My next door neighbour disagrees and neither party seems ready to have a respectful conversation.  They just want things their way.

I have somehow been sourced as a mediator even though it has absolutely nothing to do with me.  I have told them my findings and I am done with it.

My next door neighbour will contact the council but hopefully I won't hear of it again.

Simon Pambin

Quote from: Inspector on September 28, 2020, 04:00:31 PM
I have somehow been sourced as a mediator even though it has absolutely nothing to do with me.  I have told them my findings and I am done with it.

My next door neighbour will contact the council but hopefully I won't hear of it again.

They've obviously got you pinned down as a property expert!  :)

I doubt the council will be too interested: as long as it doesn't present a hazard, who attaches what to whose fence is a civil matter. It's quite unusual for a fence to be formally shared. Have they checked the Land Registry? It's only a few quid for a copy of the plan.

I've found one of those ultrasonic cat deterrents sufficient to keep most of the cats out of the garden. They're mostly creatures of habit and just want an easy life so they just get used to avoiding the place.