Neighbours dogs, my fence

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Neighbours dogs, my fence

Postby chris01010 » Sun Apr 22, 2012 6:54 pm

Hi,

I hope someone can give me some advice.

I have lived (and owned/ mortgage) at my house for 2 years. In the last 6 months a new neighbour has moved in (renting) and they have 2 German Shephard security dogs (he's job is in security as dog patrol). I must state from the off that I have nothing against dogs, in fact I have 1 of my own.

Since they moved in, whenever my partner or the dog goes into the garden they jump up against the fence whining and barking. This scares both of them.

My partner rang the estate agent to complain, pretty quickly after they moved in, and the neighbour talked to me when our paths crossed asking if we spoke to the estate agents to which I said we had. He asked that in future could we come to him instead, which I agreed with (I didn't realise my partner had spoken to the estate agents, and I would have spoken to the neighbour first). I did mention that the dogs jumping up the fence were scaring my partner and she didn't feel like she could go in the garden. He said he would do something and after that when we walked out into the garden and the dogs jumped up the fence he shouted at them to get down. Not ideal as it is a case of shutting the barn door after the horse has bolted, but a start.

I had an existing fence, which wasn't in the best of states but in no means falling down. I found a few slats loose recently and some were a bit broken, I presumed this was due to the high winds and the dogs bouncing of them. Then one day when I went into the garden to measure the fence panels, as I was planning to replace the fence to make it secure because one of the dogs had got into my garden through the loose slats, my dog had followed me into the garden and then both of the neighbours dogs started barking and tried to get through the fence (breaking off slats with their teeth).

I went round, knocked on the door and told him what the dogs had done and that I couldn't have this anymore. He said he would pay for a panel and do something to stop the dogs, but said that they weren't dangerous. Which isn't really either the point or true in my opinion (or they would be rubbish security dogs).

I then replaced the fence. Since, I have seen the dogs bouncing of the fence when we aren't in the garden when they're playing and when I have gone into the garden the dogs have jumped up the fence. Another point is that when I was putting the fence up I noticed there was a lot of dogs mess in their garden. I like to eat my dinner in my garden in the summer and I really do not want either the smell of dogs mess or to have 2 large security dogs bouncing of my fence.

Does anyone know of any laws regarding keeping "professional" security dogs at home?

or any laws regarding them jumping up my fence (as it is my property)?

or anything I can quote at my neighbour (as in rules/ regulations, not cheesy lyrics ;0D )?

Thanks.
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Re: Neighbours dogs, my fence

Postby despair » Sun Apr 29, 2012 9:31 am

Dog owners have a legal duty to retain their own dogs

hence its the responsibility of the tenant to ensure suitable means of retaining his dogs which is not your brand new fence

Whilst you have a duty to retain your own dog the tenant and the landlord are responsible for every ounce of damage done to your fence by these 2 out of control Alsations

As to the dog mess and resulting smell i would be contacting Environmental Health Dept at your local council

The Landlord is the one who should be sorting all this out and i bet if thats the attitude outside to dog mess by his tenant heaven help him to the mess that could be inside the house
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Re: Neighbours dogs, my fence

Postby bassingbourn » Thu Jun 28, 2012 10:26 pm

I am suffering from the exact same problem. A neighbour leaves three dogs outside 24/7/365 either in the garden or an alleyway that adjoins the two properties. Two dogs, or more one in particular, bark and jump at the fence whenever I or anyone else enters the garden. My wife and a couple of younger grandchildren won't go in the garden. I have contacted the local authority and they seem either unable or unwilling to do anything about this situation. I am thinking of making a pepper spray to spray the dog in question when it is at the fence. Apart from seeking advice from a solicitor I don't know what else I can do. The owners know what is happening, and I have had several arguments, but they ignore the situation. During the summer months the smell from dog mess, particularly in the alley, is strong and flies are everywhere. I have had the RSPCA, Dog Wardens etc visit and they say because they appear well fed there is nothing they can do.
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Re: Neighbours dogs, my fence

Postby jonahinoz » Sun Jul 08, 2012 4:33 pm

Hi,

I understand that a guard dog must be restricted ... presumably by a chain or confined in a secure container or yard.

602
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Re: Neighbours dogs, my fence

Postby jonahinoz » Sun Jul 08, 2012 4:42 pm

Hi again,

Guard Dogs Act 1975 1975 CHAPTER 50


Probably worth a Google, see if anything applies. I don't know if SECURITY TRAINED dogs count as guard dogs.
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Re: Neighbours dogs, my fence

Postby Midori » Wed Jul 11, 2012 11:03 am

If you know the company the man with the security dogs works for, it may be wise to advise them of the problem. They may not be happy to know that you might have a possible claim on them as owners of the dogs. Also tell them of the mess and smell and the handler's possible neglect of the dogs by neglecting to clear up after them.

It's worth a try.
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Re: Neighbours dogs, my fence

Postby hrastogi » Fri Jan 24, 2014 6:56 pm

We bought this property just over two years ago & every single week our neighbour's dog has been causing nuisance or damage. Because the dog has damaged the fence it doesn't look in its best state but it is sturdy enough to survive the storms which it did in dec 2013 & jan 2014. I am absolutely sick & tired of repairing our fence almost every alternate month.

The dog has been damaging the fence by continuous bouncing & chewing the slats. During the summer of 2013 when we raised this matter with the police. Based on our complain & belief that it is a dangerous dog, the police took the dog away for a week. They advised that they would speak to the neighbour to keep her dog under control. However our neighbour who has always been rude gave us a completely different impression & for weeks she kept telling us that we need to replace the our not so sturdy fence. She kept on mention I ng that her dog could be back anytime & that we should get a new fence before its return. To me the idea of fence is a clear demarcation of area as to which part of land belongs to whom. Its not meant to be pounced on. Nevertheless, I could have replaced the fence but I could havebeen back to square one in the few months time as the dog would still be pouncing on the fence. Most recently on 20 Jan 2014 evening to our surprise, the dog broke the part of fence & entered in our garden & even the play area of my 4 year old son. I am glad that my son wasn't playing then as I don't even wish to imagine. Went to the neighbour who opened the door even before I could knock & came to our garden to take the dog away. He said that's why he & his mom were suggesting us to replace the fence. Why should I pay for replace something which is damaged by my neighbour's dog?

Where do we stand specially when I am looking to let my property as we are relocating to a different country. I certainly don't want my tenants to be attacked by this dog owned by rather irresponsible owners. Nor do I want to replace the fence again if the dog damages the new fence. Or in the worst case scenario doing the both & being summoned by the council or other enforcement agency to come all the way from HK to attend some sort of hearing whilst being fined for not repairing my fence which is constantly being damaged & paying damages for trauma or injury to the attacked tennants.
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Re: Neighbours dogs, my fence

Postby stufe35 » Fri Jan 24, 2014 7:05 pm

Stop repairing your fence, if his garden isn't secure any more he won't be able to let the dogs out, make sure your garden is open to the street (so the dogs can escape) He needs to fence his own garden to secure his dogs, if the existing fence is yours, don't let him repair it, remove anything he attaches to it.
Last edited by stufe35 on Fri Jan 24, 2014 7:55 pm, edited 1 time in total.
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Re: Neighbours dogs, my fence

Postby cobdale » Fri Jan 24, 2014 7:22 pm

stufe35 wrote:Stop repairing your fence, if his garden isn't secure any more he won't be able to let the dogs out, make sure your garden is open to the street. He needs to fence his own garden to secure his dogs, if the existing fence is yours, don't let him repair it, remove anything he attaches to it.

that's the one stufe personally I would orchestrate the gate open and the insecure fence ,sit back and watch the fun
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Re: Neighbours dogs, my fence

Postby MacadamB53 » Fri Jan 24, 2014 8:57 pm

Hi hrastogi,

I know this is a daft question, but what sort of fence are you talking about?

Maybe a photo would help.

You also need to start a new thread rather than tacking on to this unrelated one from 2012.

Kind regards, Mac
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Re: Neighbours dogs, my fence

Postby ukmicky » Sat Jan 25, 2014 5:41 pm

cobdale wrote:
stufe35 wrote:Stop repairing your fence, if his garden isn't secure any more he won't be able to let the dogs out, make sure your garden is open to the street. He needs to fence his own garden to secure his dogs, if the existing fence is yours, don't let him repair it, remove anything he attaches to it.

that's the one stufe personally I would orchestrate the gate open and the insecure fence ,sit back and watch the fun


Dont sit back and watch the fun. What if a young child were walking outside and was killed by one of the dogs?

Whilst the OP would legally have done nothing wrong, most people would find it very hard not to feel responsible for any injury death in those circumstances.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Neighbours dogs, my fence

Postby cobdale » Sat Jan 25, 2014 8:54 pm

ukmicky wrote:
cobdale wrote:
stufe35 wrote:Stop repairing your fence, if his garden isn't secure any more he won't be able to let the dogs out, make sure your garden is open to the street. He needs to fence his own garden to secure his dogs, if the existing fence is yours, don't let him repair it, remove anything he attaches to it.

that's the one stufe personally I would orchestrate the gate open and the insecure fence ,sit back and watch the fun


Dont sit back and watch the fun. What if a young child were walking outside and was killed by one of the dogs?

Whilst the OP would legally have done nothing wrong, most people would find it very hard not to feel responsible for any injury death in those circumstances.

I should imagine all people would feel responsible in that awful situation not most
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Re: Neighbours dogs, my fence

Postby despair » Sun Jan 26, 2014 4:08 am

Dog owners have 100% responsibility to secure their own dogs
it is never up to the neighbour whose fence is being destroyed by said dog to remedy situation

i suggest quotes are obtained to replace /repair fence and presented to owner/tenants and court action follows if not paid
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Re: Neighbours dogs, my fence

Postby hrastogi » Sun Jan 26, 2014 6:46 am

Guys . Thank you all for going through my post & posting your comments.
Here is the funny part. Last time after the police took my neighbour's dog away. She came to us to advise that the dog would be back after a few checks & that one of the bobbies suggested her that the fence is weak. Even I overheard that conversation which perhaps could have been a general comment but my neighbour was trying to use that towards her own advantage. When I when I spoke to the police they advised that she was making it up.
After 10 days when police returned her pitbull back, which was like a slap in my face. She must have done something to keep her dog quite for a month but things went back to normal/noisy afterwards.

I have obtained the quotations. Neither can I fight a legal battle once I have completely relocated to HK which is by March this year. Nor can I sit back & wait to watch fun as I am going to let my property soon & don't want my tenants to bother me with issues like damaged fencing or in the worst case one of them being attacked by the dog. A sensible person would never allow his dog to roam freely in an unsecured area but the dog owner whom I have been moaning about is an absolute insensible person. She washed her hands of her responsibility last year itself by saying that she wouldn't be responsible even if the dog attacks or kills my child as my fence is weak. Hence I had to involve the Police, who didn't turn out to be very useful either.

I really wish I could follow your advise & take no action whatsoever but due to my circumstances I can't. Any more suggestions?

Can't upload the pic because of size limit.
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Re: Neighbours dogs, my fence

Postby despair » Sun Jan 26, 2014 6:52 am

So just install chain link fencing in front of whats left of your wood one

or complain very loudley to chief constable for his officers illiteracy of the laws on dangerous dogs +retaining dogs of all kinds
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