| Commentary

113 The obligation to fence

| Commentary

(c) Fences

113 The obligation to fence

There is no general obligation to put up or to maintain a wall or fence around a garden. However, note the following circumstances, under which there may be an obligation:

  1. 113.1

        Where animals are kept by the garden owner there is an obligation to stop them straying on to the highway or from causing damage to neighbours or to their stock1.

  2. 113.2

        A churchyard or parsonage house of the Church of England is subject to special rules; the Parochial Church Council or the Diocesan Board of Finance is responsible for maintaining their

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