1. A landowner is under no obligation to fence in order to keep out neighbour’s stock, but he must prevent his own stock from straying on other people’s land. An owner of stock cannot claim for damages if they stray onto neighbouring land and injure themselves.
  2. If the hedge between two neighbours is defective and belongs to one neighbour, the other neighbour must fence as necessary to control his own stock. The fence or hedge must be on his own land.
  3. Where a hedge is jointly owned and is defective, the owner of stock can place the fence in the hedge itself, along the boundary line.
  4. Railway companies must fence against stock belonging to owners or occupiers of land adjoining the railway, to prevent them from straying onto the line. The railway company is liable for damage to stock due to improperly maintained fences. The Highways Agency is responsible for fences adjoining motorways.
  5. Even where there is no specific duty to fence, an owner or occupier of land may be liable for damage or injury sustained by others because there is no fence or it is inadequate or defective. It may be necessary to fence to fulfil the duty of care owed to lawful visitors, or to prevent people trespassing on land which contains something which could injure them, particularly where the person might not appreciate the danger or might not be able to read warning notices.
  6. An owner or rent-paying tenant can claim for damages done to his hedges, fences or gates by a trespasser, including a Hunt.

Chapters