360. Consequences of neglect to fence where there is no duty to fence.

360.     Consequences of neglect to fence where there is no duty to fence.

Even where there is no specific duty to fence1, an owner or occupier of land may be liable in negligence2 for damage or injury sustained by others because there is no fence3 or it is inadequate or defective4.

It may therefore be necessary to fence to fulfil adequately the duty of care owed to lawful visitors under the Occupiers' Liability Act 1957 or the duty owed to persons other than visitors under the Occupiers' Liability Act 19845.

Under the Animals Act 1971 it may be necessary