Neighbours dogs, my fence

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Re: Neighbours dogs, my fence

Postby arsie » Mon Jan 27, 2014 9:49 pm

Regardless of hrastogi's fence obligations he/she is NOT obliged to make it dog proof. That is the person with the dog's responsibility. Simple.
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Re: Neighbours dogs, my fence

Postby hrastogi » Tue Jan 28, 2014 9:13 pm

MacadamB53 wrote:Hi hrastogi,

You've never substantiated how you know the fence is yours or whether you know it stands wholly on your land.

Kind regards, Mac


Thanks again for all your suggestions.
I did mention in my previous posts that according to the land registry document/ deeds, I am responsible for the maintenance of the fence. Not sure if the land on which the fence is erected belongs to whom. The width of fence is approx 5cm & from what I understand in simple terms is that the land on one side of fence is mine while the other side is of neighbour.

My house is a Semi-detached house where we both share the common wall running from the front to the depth of the house, continued/ followed by the fencing which runs through the plot .

I have been waiting to see my neighbour for the last 10 days since her dog broke into our garden but seems that she is perhaps she has been avoiding any kind of encounter. I have therefore decided to visit my local Police Station asking for their guidance & the course of action they took to resolve my complain from Jul 2013 .

After the police took the dog away last year, they advised me that the neighbour would have to make changes to their garden to deter the dog from pouncing on the fence otherwise they would never get their dog back. Despite of this they returned the dog after a few weeks which I found rather shocking. Don't know if my neighbour promised to erect some structure to restrain the dog & even if this was the case, I still believe that the Police had the duty to follow things up to ensure that said things were done.

It was a shame that I was away for business for most of the second half of year, so couldn't either follow up with the Police. Perhaps I wasn't myself sure about my own rights which thankfully now I am.
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Re: Neighbours dogs, my fence

Postby arsie » Tue Jan 28, 2014 10:06 pm

Don't forget the part that the local council could play but with a potentially dangerous dog loose this is probably already into potentially criminal territory. Even so the council are a resource you could use. On the fence, as has been said, your obligation on the style and maintaining the fence is legally speaking entirely at your discretion. You certainly shouldn't have to make it dog, rabbit, hamster or even tiger proof but protecting your own property and people is a problem if the neighbours don't care.

I don't think the landlord can be held responsible for the tenants dogs. Tenants with dogs find it more difficult to find places to rent so it tends to be the landlord can extract a higher rent than otherwise or let out a place that is in poor condition.
arsie
 
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Location: Norfolk

Re: Neighbours dogs, my fence

Postby MacadamB53 » Tue Jan 28, 2014 10:13 pm

Hi hrastogi,

I did mention in my previous posts that according to the land registry document/ deeds, I am responsible for the maintenance of the fence.

This is not the same as knowing you own the fence in question.

For instance, it might have been erected by a previous owner of your neighbour's property because the previous owner of your property didn't want one - which is unlikely to be a breach of the covenant (you'd need to check the wording to be sure). You could do the same btw.

Kind regards, Mac
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