Is the barbed wire visible from your side of the property?
There is nothing to stop the barbed wire being in situ. You see it on buildings all the time.
However it must be easily visible otherwise, if anyone is injured by it, the neighbour would be liable.
The neighbour is not allowed to create a “trap”.
There is another potential issue for the neighbour that is that as he knows children on next door, he has to be prepared for children to be less observant than adults and hence, if the children are injured by this (bearing in mind that its 2 m high) there is a potential claim in negligence against him.
You have at least a couple of options.
You give him notice that there are children who play here and you tell him that it’s reasonably foreseeable that they will be playing and may get injured by this and that if they do, will be holding him liable in common law negligence and that’s the reason for the notice.
Bearing in mind what I said in the previous paragraph and to pre-empt that, you can apply to court for an injunction to make him remove the barbed wire on the basis that it is dangerous bearing in mind there are children playing in a garden and the garden is the kind of place where children do play. A solicitors letter threatening the court application and solicitors costs may do the trick without the need to go to court.
Can I clarify anything for you?
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If the neighbour has documented access in the deeds, you cannot withdraw it unless he consents or you own the property you are in in Dubai next door and it comes into common ownership which is probably not practical.
You can’t withdraw it just because it isn’t used because you have fallen out with the neighbour.
If the neighbour has the access because you granted it some years ago informally, you can revoke it. However once it is in a deed, you can’t.
From your description, I think you have sufficient evidence to possibly get it removed but if not, certainly toforce them to make it visible.
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I think you should tell him that if he will not remove the barbed wire, you will take the course of action (self-help) propose.
If this is his fence, and not a party fence, he is likely to object to that and if he does, you don’t remove it, then he is going to have to take you to court and as it’s all over this barbed wire and the children, it seems likely that the court are not going to have much sympathy with him under these circumstances.
You are correct with regard to shelves et cetera if the wall is as diagram 3 in this booklet.
or diagram 4 but not if the wall is like diagram 4 but without the intervening building/garage.