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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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The water board for this area has covered a wire fence with

Resolved Question:

The water board for this area has covered a wire fence with anti vandal paint at ground level,which divides a water way from a local park. They have also covered it the park side where people walk for recreation.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your post. My name is Tony. How can I help you with this, what would you like to know?

Customer:

Are they allowed by law to have this paint near a public path on the park side of the fence

tdlawyer :

I don't see why not - so long as what they've painted it on is their property, then yes, they are allowed to do this.

tdlawyer :

Do you have a reason to doubt their entitlement?

Customer:

Surely there is some doubt because they have painted the public side which is not on there property

tdlawyer :

If they have painted something on public property, they're not allowed to do that, but it would be for the counil (or whoever owned the public property that was painted) to complain.

Customer:

Could I sue them if my dog gets this paint on it whilst walking

tdlawyer :

Did they not put up signs etc. to say it was wet?

tdlawyer :

Or does it always rub off because it's anti-vandal?

Customer:

They have put up a sign that the fence is covered by anti vandal grease I was led to believe that this stuff had to be at least two metres off the ground so no such accidents could happen

tdlawyer :

There is no general law to that effect that I am aware of, but I can see that there could be a common law argument to that effect, but I think it would be difficult to win with. They might say that they can do as they choose on their land, and it's your responsibility to control your dog (in law, property) not to interfere with theirs. Of course, that's a legal analysis, rather than a pratical one, but ultimately, it's the legal one that wins.

Customer:

My arguement would be that they have painted on the public side but thanks for your help

tdlawyer :

I see your argument too in fairness.

tdlawyer :

Sorry there is no clear cut answer to this, but I do think they're likely to win on it on balance.

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