Electric Fence.

tom traubert

The story - A person has allegedly placed an electric fence on the roadway verge outside his house which is situated on a country lane (cul de-sac) under the control of local authority. It is set back only 6 inches from the tarred road surface. The fence lies outside the natural boundary (ditch / hedging) which is to the front of the house.

This action has allegedly made it impossible for a local farmer to herd his cattle past the property when moving them between his fields as they refuse to go too near to the fence.

The question - Does anyone care to nominate a provision in law that could be pointed out to the alleged fence erector that might encourage him to remove it?

Zambia

This guy owns land 6 inches from a road?

dermot_sheehan

public nusiance is interference with a public right of way

time lord

Zambia232 wrote: »

This guy owns land 6 inches from a road?

Most country dwellers/land owners own the land right out to the middle of the road unlike urban dwellers.
They obiviously cant build on it etc and this section is often refered to as the functional area of the council. Sorry i cant pin point a law to help the op. People often put blocks into these areas outside country houses and at night are lethal to encounter in a car or motorbike. Pet hate of mine:mad:

SparrowTown

time lord wrote: »

often put blocks into these areas outside country houses and at night are lethal to encounter in a car or motorbike. Pet hate of mine:mad:

i don't think that is legal is it? Heard a radio discussion when it was stated they were not allowed to do it as fara s i remember

time lord

SparrowTown wrote: »

i don't think that is legal is it? Heard a radio discussion when it was stated they were not allowed to do it as fara s i remember

I doubt it is legal but it is rife in the countryside. Some put 4inch solids on their flat, some put huge pub like flower pot tubs linked by chains, white washed rocks are a favourite. Some of the distances can be over 30 meters too. I punctured my works van on one and the neighbour of the offending house came out to tell me it happens quite a lot as its on a bend. It punctured the wall of the tyre too:mad::mad::mad:

MagicSean

If somone receives a shock from it would it be an assault?

tom traubert

k_mac wrote: »

If somone receives a shock from it would it be an assault?

Thank you for replys to date. Wrt question above, I believe the answer is that civil liability falls on the person who places an object on the verge outside their boundary. The object can be the blocks mentioned as well as the electric fence in this strange one.

I've had a brief conversation with Co. Co. Area Engineer and am to receive some further info. from that office shortly. If I get any verifiable information I'll re-post.

Reloc8

Criminal Justice Act 1994 Section 9

9.—Any person who, without lawful authority or reasonable excuse, wilfully prevents or interrupts the free passage of any person or vehicle in any public place shall be liable on summary conviction to a fine not exceeding £200.

Make a complaint to the gardai. This offence doesn't matter whether the obstruction is on private land if the interruption is as regards passage in a public place.

You'll spend a lot of time, money and energy resolving it by civil process.