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Thread: Barbed wire across the Bain!! (Linconshire)

  1. #1

    Default Barbed wire across the Bain!! (Linconshire)

    Having today been out on a recce trip to see the viabilty of canoeing the river Bain/Horncastle canal I found something alarming. Someone has put barbed wire fencing along the rivers edge to border their land or contain beasts (no problem with that), but they have strung a section of barbed wire ACROSS THE RIVER ITSELF.

    This when seen today (april 19th) is at a height of about 1/2 metre above the water level. This may differ of course as water levels change and after long rain period may not be visible (as submerged). Or at lower water level would arrive to a canoe passing at roughly neck height!

    FYI: location is: between Roughton and Kikby on Bain, between red mill bridge and the disuded lock just east of Haltham.
    Grid ref: TF 241, 635

    Although potentially dangerous - is this practise legal? And if not, then should some official body be informed of it?

    EDIT: Picture added.

    Last edited by Ounce; 21st-April-2015 at 05:40 PM. Reason: Adding imagery for OP

  2. #2
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    If this is a canal then there is a guaranteed right of navigation. In which case you are perfectly entitled to remove it. Good wire cutters,fencing pliers, small bolt cutters etc., will do a good job.
    http://www.davidwperry.blogspot.co.uk/

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    If it were me I would just go out there with my snips, take it out and discard it appropriately! A call to the EA wouldn't hurt to get some advice beforehand, if you feel the need?Clearly a risk to wildlife and anybody using the water!

  4. #4

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    Yes I did consider that "who dares wins" scenario as I returned to the car. The maps and the internet classify it as "disused" - so not sure where everyone stand there. The whole of this section between Horncastle and Coningsby has a number of weirs/former locks wich may make it more trouble than it's worth for all but the hardened adrenaline junkies.

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    Quote Originally Posted by David Perry View Post
    If this is a canal then there is a guaranteed right of navigation. In which case you are perfectly entitled to remove it. Good wire cutters,fencing pliers, small bolt cutters etc., will do a good job.
    The canal has not been operational for over 100 years and was officially abandoned. I have seen the odd boat come up as far as Tattershall from the Witham but they can't get further because of a weir. I imagine that the farmer really didn't expect anyone to canoe it.

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    "Abandonment" does not effect the right of navigation it just relieves the proprietors of the obligation to maintain it. According to Wikipedia
    From 1989, the Horncastle and Tattershall Conningsby Canal Heritage group (HATCH) began working on plans for restoration, which were presented at a public meeting held on 18 November 2003. The meeting agreed that funds should be raised to finance a proper feasibility study. Restoration plans are now supported by Lincolnshire County Council.
    There is nothing to suggest that the public right of navigation has been lost.

    I suggest you report the location of the wire on the River Access Map. If you have or can get photos they can be included.
    Keith

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    Bear in mind that you were there once, the farmer may have had trouble with cattle using the navigation to escape and injure themselves and others many times and this is the best solution he can think of, not realising there are other rightful other river users. You are right that levels change a lot, and the context of this is important for both the farmer and the paddler

    I've paddled a number of rivers with barbed wire. One's where its strung over a rapid is scary, on other rivers where a warning is signed things have been easier.

    Would a sign have helped? would it have been enough?

  8. #8

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    I can not believe that some 'moron' thinks it is in any way acceptable to string a length of barbed wire across a waterway! I also can't believe that you guys feel the need to discuss if cutting it is a good idea or not! Of course it is! It is a danger to life, wild and human. It doesn't matter a jot whether you should be on the river or not. The 'land owner' / 'water owner' nor anyone else cannot act in such an irresponsible way and without regard to the possible consequences of their actions. It is no different to wiring the door of your shop or factory to an electricity supply to give potential thieves a fatal shock ! It is not on and there is no excuse for it. I would cut it down and report it to the police !
    Good grief , do they still think it's ok to set the hounds on walkers encroaching on their land where you guys live ?
    Last edited by rannochraider; 21st-April-2015 at 12:50 AM.

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    Quote Originally Posted by rannochraider View Post
    I can not believe that some 'moron' thinks it is in any way acceptable to string a length of barbed wire across a waterway! I also can't believe that you guys feel the need to discuss if cutting it is a good idea or not! Of course it is! It is a danger to life, wild and human. It doesn't matter a jot whether you should be on the river or not. The 'land owner' / 'water owner' nor anyone else cannot act in such an irresponsible way and without regard to the possible consequences of their actions. It is no different to wiring the door of your shop or factory to an electricity supply to give potential thieves a fatal shock ! It is not on and there is no excuse for it. I would cut it down and report it to the police !
    Good grief , do they still think it's ok to set the hounds on walkers encroaching on their land where you guys live ?
    Could not agree more.
    Last edited by KeithD; 21st-April-2015 at 08:35 AM. Reason: fix quote
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    I lived on a farm for 27 years and mended a lot of fences. Very seldom do you need to fence a watercourse but it could happen I guess. I know that when we fenced areas where people may travel we put pink or orange marker tape on it so it was very visible.

    My drunken uncle who was a bit of an ass hat would fence snowmobile trails with barbed wire at head height. It never worked as people just cut it down but it sure made him feel like the powerful master of his domain. All he accomplished was bad feelings with a lot of people and a reputation for being a total jerk.

    There are always options to do things for the positive or the negative, and as my grandfather Jim would say; "The guy that invented barbed wire should have been hanged with it..."
    Lloyd

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    Image now added to OP.
    -------------------------
    You! Off my planet!

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    See now with the photo added, it is obviously not a death trap. The guy needs some conspicuous colored marker tape on so people see it, but it does not look unreasonable. Duck under and paddle past, no need for hard feelings. It is easier to get past than a dead cow.
    Lloyd

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    Quote Originally Posted by Ounce View Post
    Image now added to OP.
    Kinda looks like there was another set lower that's been cut and moved to the bank
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    Thanks for adding the photo.

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    This forum is interesting as it is land owners discussing barbed wire problems, it is a bit out of date but I think the law is still the same. It just gives an insight into the other sides perspective. If this particular length of wire was on a footpath it would be totally illegal, first step it to report it to the local council and see what happens, if that doesn't work I would cut it.

    http://www.fwi.co.uk/community/forum...px?PageIndex=1

    And this is what can happen when things really go crazy!!!!

    http://www.dailymail.co.uk/news/arti...l-barrier.html
    "Rules are for the obedience of fools and the guidance of wise men"
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    Here some remote farmers use to set wires across the rivers in the dry season, exactly when we get there to paddle.... It helps them keeping their cattle inside the properties.... BUT, we just cut all of them as this is an illegal practice in Brazil. Rivers are public, nobody can extend his "land" over them...

    If someone shows up to complain, we just shoot the #@&¨$¨%%$ Sorry, no pictures of the shooting available!!!
    Tony BR
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    Fencing past the high-water mark is illegal up here in Canada too, although a post or two into the water is not uncommon for obvious reasons. The difference with us and the UK is that rivers are considered to be roads.
    Lloyd

    I never pay attention to anything by "experts". I calculate everything myself.
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    Totally understand the sentiments here but it is against the law to just Threaten to Kill or Injure someone, and you guys are putting it in writing on a public forum.
    "Rules are for the obedience of fools and the guidance of wise men"
    Grp Cpt Sir Douglas Bader CBE,DSO,DFC,FRAeS.

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    Oh, thanks Cloudman, but I live in Brazil, and we are NOT as restrained by excessive laws and oportunistic lawyers as you are there in UK.... Fortunatelly the "abusive right concept" didn´t hit us in the third world yet! Sueing McDonald´s for excessive hot chocolate/coffe is something that is possible only in the 1st world!! Here the judge will smile and ask you to go home and apply some cream on your lips!! And to take care when you ask for a HOT chocolate next time.... Writing in a public forum that I`ll shoot a #¨%@*¨ that installs a barbed wire across a river here in BR is less threathening than actually installing a barbed wire across a PUBLIC river in BR.... (there are no private rivers in Brazil, so fencing them is an illegal move anyways). So, unless I actually shoot someone for such a small thing, what I write here on this generic manner is not a crime.... And, if I ever get to this extreme point, what I wrote or not will be quite a small problem compared to my real action, right??


    BUT, anyway, in case you´re right, let me rephrase that: "In case I find a barbed wire across a river that I´m paddling here in Brazil, I will cut it.... and, in case the responsible person for the illegal barbed wire across the river that I just cut comes to complain, I´ll explain to this person how illegal it is to install barbed wires across river in Brazil. Finally, in case this person responsible for installig an illegal barbed wire across a river decides to attack me for my action, I´ll ask him to offer his body back to the mother nature through the action of efficient flesh eating mouths of piranhas."




    Tony BR
    www.companhiadecanoagem.com.br
    www.canoacanadense.com.br/english.htm
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    The "Offences against the Person Act 1861" covers the Threat to Kill law so it has been around for 154 years, when I was a lad no one seemed to be bothered by verbal threats we just dished them out like confetti and got on with it. To be fair we are just as keen to use this law when it suits us, if an angler threatens a paddler the advice usually is to report him to the police, so it does have it's uses. Anyway having to carry a shotgun on trips would be a nuisance and we would probably end up blowing holes in the bottom of the boats.
    "Rules are for the obedience of fools and the guidance of wise men"
    Grp Cpt Sir Douglas Bader CBE,DSO,DFC,FRAeS.

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    Shotgun is not that bad if it only has an 18-20 inch barrel. Takes less room than an airbag and is better to catch supper with.
    Lloyd

    I never pay attention to anything by "experts". I calculate everything myself.
    Richard Feynman.

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    You guys live in a different world to us, a bet you thought John Wayne was a real life character in a reality show.
    "Rules are for the obedience of fools and the guidance of wise men"
    Grp Cpt Sir Douglas Bader CBE,DSO,DFC,FRAeS.

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    John Wayne? Never heard of her? Lucy Lawless was my hero.
    Lloyd

    I never pay attention to anything by "experts". I calculate everything myself.
    Richard Feynman.

    www.senseaboutscience.org

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    Quote Originally Posted by Lloyd View Post
    John Wayne? Never heard of her? Lucy Lawless was my hero.
    Good choice.
    "Rules are for the obedience of fools and the guidance of wise men"
    Grp Cpt Sir Douglas Bader CBE,DSO,DFC,FRAeS.

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