349. Definitions of fences.

(2)     Rights, Duties and Liabilities of Owners of Fences

(i)     Introduction

349.     Definitions of fences.

Although fences are frequently used to mark the situation of boundaries, none the less they are primarily guards against intrusion, or barriers to prevent persons or animals straying out, and therefore in this sense the term includes not only hedges, banks, and walls, but also ditches1. But an external or party wall forming part of a building and alongside or on the boundary of land is not usually regarded as a fence2.

For the purposes of the Animals Act 1971, 'fencing' includes