Electric fence as boundary

undecided

Can a landowner use electric fence as a division between his land and a public green area? If anyone could point me in the right direction i would be grateful. I would have thought that for health and safety there would be an issue? Thanks in advance.

Mattie500

undecided wrote: »

Can a landowner use electric fence as a division between his land and a public green area? If anyone could point me in the right direction i would be grateful. I would have thought that for health and safety there would be an issue? Thanks in advance.

What's the health and safety concern? Electric fence is not going to harm anyone except for a little shock.
I suppose if it is on the farmers land then he/she is entitled to do whatever it takes to keep livestock from getting out.

corglass

undecided wrote: »

Can a landowner use electric fence as a division between his land and a public green area? If anyone could point me in the right direction i would be grateful. I would have thought that for health and safety there would be an issue? Thanks in advance.

What health and safety issue?

It's just an electric fence not razor wire.

undecided

I would have assumed it dangerous for kids no? It not to keep livestock in just a landowner putting a division between their plot and the public green. Thanks

GarIT

An electric fence won't harm kids

Studant

No its not because it won't harm anyone (a little tickle as its known around here)
Bull wire or barbed wire is illegal along the side of the road though for obvious reasons .

undecided

undecided wrote: »

I would have assumed it dangerous for kids no? It not to keep livestock in just a landowner putting a division between their plot and the public green. Thanks

Every kid from the country will have had numerous rattles from electric fences. Won't do a thing on them.

Mattie500

Don't like getting a shock off an electric fence myself, it certainly isn't nice but it's not dangerous. Kids won't like it one bit. If there is no livestock then it doesn't make sense unless it's in preparation for the future or perhaps it is to keep people out.

The_Conductor

If you have an unsuspecting member of the public with a pacemaker, an imbedded insulin meter- or pretty much any imbedded medical device (there are several)- you could have a problem. It doesn't take much to trigger a response from many devices- they're designed to be sensitive.

Personally- I'd be quite happy to put up an electric fence- and indeed- they're very common on the continent (countries like France seem to use them to delineate property boundaries almost as a matter of course, in some regions).

If you ask in advance- you will have someone come up with a reason not to allow you to do it- its one of those situations where its better to ask forgiveness after an event, than permission in advance........

irishmover

I'm sure it can be used as division no problem but I highly doubt it can be placed in the registry of titles office or PRAI as a defined boundary.

What was there before the electric fence? What kind of fence is it? Height wise etc.

_Brian

I can't point you towards the legislation but it needs clear signage to warn the public that's it's an electric fence.

The_Conductor

_Brian wrote: »

I can't point you towards the legislation but it needs clear signage to warn the public that's it's an electric fence.

If its bounding public property- yes. Its only applicable to property in certain areas- and property which has changed hands within a certain delineated time period (I think since 1988- but I can't figure which piece of legislation its in).

In many rural areas- private property officially extends to the middle of a public road- and not to the boundary with the road- which is why in many rural areas- its perfectly fine to use a boundary such as this (providing this right hasn't been extinguished through a change in ownership, post the 1988 legislation).

irishmover

The_Conductor wrote: »

If its bounding public property- yes. Its only applicable to property in certain areas- and property which has changed hands within a certain delineated time period (I think since 1988- but I can't figure which piece of legislation its in).

In many rural areas- private property officially extends to the middle of a public road- and not to the boundary with the road- which is why in many rural areas- its perfectly fine to use a boundary such as this (providing this right hasn't been extinguished through a change in ownership, post the 1988 legislation).

The Op said the adjoining property is a public green area. So I'm guessing there is no road frontage in question here.

undecided

The area is used as a short cut to the town by the public. It is located directly behind a housing estate. I believe original plan was to put a footpath/exit from the estate there. From what I believe the individual is claiming squatters rights on a portion of the land. There was never any division wall or fence. The fence is being erected solely to prevent the public using it as a walk through. Most of the school children use it hence my concerns. Thanks for all the replies. At least it not dangerous.

irishmover

undecided wrote: »

The area is used as a short cut to the town by the public. It is located directly behind a housing estate. I believe original plan was to put a footpath/exit from the estate there. From what I believe the individual is claiming squatters rights on a portion of the land. There was never any division wall or fence. The fence is being erected solely to prevent the public using it as a walk through. Most of the school children use it hence my concerns. Thanks for all the replies. At least it not dangerous.

This is starting to get into legalities. If it's been used as a right of way access easement then squatters rights won't really mean much, the grounds on which this person is claiming squatters rights would be interesting to read.

The person shouldn't really have a leg to stand on if the right of way has been used regularly.

I'd suggest getting some legal advice regarding this.

The_Conductor

undecided wrote: »

At least it not dangerous.

Not overtly.
All it takes is one child, or adult, with a medical device- and you're screwed, though....... Put a diabetics CGM up to it- as a little test- and you'll see what I mean..........

Bidd

The_Conductor wrote: »

Not overtly.
All it takes is one child, or adult, with a medical device- and you're screwed, though....... Put a diabetics CGM up to it- as a little test- and you'll see what I mean..........

I have an implanted medical device and was given lots of H&S advice (beware of metal detectors etc) but electric fences were never mentioned...yikes!!

Victor

You could approach the council and/or actual owner about protecting the right of way.

Surely it is unreasonable to be electrocuted merely by brushing against a boundary? Whatever about having an electric fence within a site (by whatever distance), surely having it as the actually boundary is a hazard to the public. While it might not kill anyone (or many, at least), it still feels like being kicked in the spine. It's not legal to kick people in the spine.

http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0002.html

Assault.

2.—(1) A person shall be guilty of the offence of assault who, without lawful excuse, intentionally or recklessly—
(a) directly or indirectly applies force to or causes an impact on the body of another, or
(b) causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to any such force or impact,

without the consent of the other.

(2) In subsection (1) (a), “force” includes—
(a) application of heat, light, electric current, noise or any other form of energy, and
(b) application of matter in solid liquid or gaseous form.

(3) No such offence is committed if the force or impact, not being intended or likely to cause injury, is in the circumstances such as is generally acceptable in the ordinary conduct of daily life and the defendant does not know or believe that it is in fact unacceptable to the other person.

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months or to both.

Gone West

Electric fences are to control animals and very dangerous prisoners, not schoolkids.

The_Conductor

Fuzzy wrote: »

Electric fences are to control animals and very dangerous prisoners, not schoolkids.

Very dangerous prisoners? Really?
I agree with you- they're not for the control of school children- particularly seeing as many will view them as a plaything........

Gone West

The_Conductor wrote: »

Very dangerous prisoners? Really?
I agree with you- they're not for the control of school children- particularly seeing as many will view them as a plaything........

agreed, schoolkids will probably play with it.
Have you never heard of supermax prisons with electrified wires around the tops of the walls? Its the only use of electric fences I know of where its appropriate to use it on humans.

Mrs OBumble

Fuzzy wrote: »

Electric fences are to control animals and very dangerous prisoners, not schoolkids.

Why?

They could be very useful in queue management outside many nightclubs.

undecided

Thanks for all the replies guys:) rang the council so hopefully they can do something. I personally think it is a little extreme hopefully they agree.