A Supreme Court ruling has decreed that regulations underpinning the Government’s Back-to-Work scheme were invalid and has upheld the Court of Appeal’s decision, which went against the Government in February. Continue reading
The Government has outlined proposals that could see a huge increase in the maximum penalty for failing to control dangerous pets, with up to 14 years in jail for an owner if their dog attacks and kills someone. Continue reading
Last week Justice Secretary Chris Grayling gave the go-ahead to proposals to introduce independent accredited medical panels to assess injuries of claimants and weed out exaggerated or fraudulent claims, and to require injured parties to have a medical report before they can make a claim. Continue reading
The storms that have battered the UK today (October 28) have caused widespread disruption, with a huge number of workers unable to get to work because of train suspension and chaotic driving conditions. However, many employers have no idea where they stand legally if employees cannot make it into work. Continue reading
If compiling a dictionary of modern phrases describing agitated states of mind, one could certainly add ‘fence fury’ to ‘road rage’, as the humble fence certainly seems to provoke a heightened state of emotion in otherwise gentle folk.
Only last week, locals in South Gloucestershire railed against a fence aimed at keeping badgers out of an alpaca farm, which the owners erected in a bid to halt the spread of bovine TB. In this case, it was not that anyone disputed ownership of the boundary, just that the fence has shut off a public right of way.
Other stories concerning fence disputes recently include a woman who was taken to court accused of criminal damage for whitewashing her own side of her neighbour’s fence and a man who was taken to court for sawing off the top of a fence post and causing less than £8 of damage.
Of course, there are many other ways to mark a boundary, from planting trees to hedges but whatever the method, if the border is in the wrong place then tempers are sure to get frayed.
In the case of the anti-badger fence, the council has a statutory duty to ensure that public rights of way are kept clear of obstructions. If a public right of way is found to have been obstructed, then the council can ask the landowner to remove the obstruction or, if the obstruction is longstanding and not deliberate, to apply for a diversion order.
However, in the case of a fence being in the wrong place, the matter may not be so clear cut. The main thing to remember, however, is not to take the law into your own hands, like the fence post lopper, as boundary disputes can become extraordinarily complicated.
If in doubt, call a lawyer, who can help you settle your dispute with as little damage as possible to your purse and your equilibrium.