Does anyone know the legality of putting spikes on fences to deter cats?

[medusa]

I know someone who has just installed spikes on the top of their garden fence, presumably to deter their neighbour's cats from getting on the fence and into their garden.

 

They have only installed them on one side (which seems a little strange since their neighbours the other side have a cat too) but the questions that this brings up are:

 

Is there any law about putting things up with the express intention of harming animals? and

 

If there isn't a law preventing this from happening (and the fence is a jointly owned boundary fence) does this mean that if the cats get harmed by the spikes then the neighbour who put up the 'offensive weapons' is liable to be sued for damages/vet fees?

 

I'm sure that you can understand that the neighbour who has got home from work to find these spikes in the places on the fence where their cat likes to sit is somewhat less than happy about this and would like to ensure that their cat won't come to any harm from the spikes- and the first step to this is trying to find a way to get their neighbour to remove the spikes. Any ideas on how they may go about this are gratefully received.

[Liose]

Sorry Medusa - but I feel sometimes that I would like to put spikes all around my garden to stop the cats using my garden as a toilet - I have two babies and am sick of cats fouling everywhere so I can't lay them on the grass - If the cats get hurt on my property - so be it, they shouldn't be on here - let them foul in their own garden or let their owners come and clean my garden.

[D4VID]

How long are the spikes ??

 

I thought it is illegal to have any kind of spikes on top of fencing and not just wooden fencing either. The metal spindle kind are supposed to be getting stopped as well.

[medusa]

Can I point out that the cat is not using the garden as a toilet (partly because the garden is just a patio, and partly because he has uses a litter tray indoors).

 

The spikes aren't that long, but the thing that worries my neighbour is that when the cat attempts to jump up onto the fence his paws will get ragged on the spikes and he will fall without the ability to get himself orientated to land properly.

[kate55]

I cant be certain but Im sure I heard from someone once that spikes on fencing are illegal. People used to do it to injur any burgulars. I would ask the police first to see if its illegal and see what they say.

[katkin]

I cant be certain but Im sure I heard from someone once that spikes on fencing are illegal. People used to do it to injur any burgulars. I would ask the police first to see if its illegal and see what they say.

 

My understanding too- if a potential burglar can sue you for putting up spikes surely your friend could sue the neighbour for damage to their cat so law ought to apply here too...Nasty thing to do, putting up spikes- and not exactly subtle either.

[torin8]

The RSPB advise the use of the 'Prikka' style strips to deter on their website: http://www.rspb.org.uk/advice/gardening/unwantedvisitors/cats/catdeterrents.asp

 

I agree with Katkin - anything more than this style of things may a) negate the owners home insurance in the case of a claim. b) make the owner liable to be sued if it can be proved that the animal was injured through it as the owner deliberatly went out to injure an animal (not to just deter).

[Guest]

From this site:

Traditionally owners have put deterrents to trespassers on their wall or fence and if it is a party wall just on their side. You will often have seen spikes or broken glass or barbed wire on the top of walls.

 

However, if the wall/fence borders the public highway, then the local authority has powers to protect the public by having the deterrent removed if it thinks it could cause a danger to highway users. If the deterrents causes a nuisance or by your negligence injures a passer by, then they may be able to sue you. Err on the side of caution because if the deterrent is considered to be excessive you could open yourself up to a criminal prosecution for an injury caused.

Maybe it's also worth investigating what the RSPCA would do in a case where an animal had been injured due to getting caught on one of these spikes?

[Noodle]

This website is cool - my friend had a dispute with a neighbour and the advice given really helped. There is a forum on here and if you search "spikes" there is loads of posts. The general gist I get is that people seem to think it's illegal but nothing to back it up. I think the important thing is that if it's a joint wall, then there should be joint consent. Also, someone notes that if a child hurts themselves on one of these, the courts have been demanding compensation. Soooo... they could be liable if kitty gets hurt I guess. More reading needed. Do have a look!

[BlackVelvet]

we have 'prikka' spikes. they dont do any real damage but do deter cats from being on top of the fence and wall and uncomfortable for them to walk on. I will remove them with pleasure, but wouldnt rate the chances of said cats when they venture into the territory of my 9 dogs, of a breed known for high prey drive.