Who is legally responsible if large dog gets through hedge?

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Who is legally responsible if large dog gets through hedge?

Postby jw40 » Mon Sep 29, 2014 2:53 pm

Hi Please can someone help me?

We have recently moved into a house where the left boundary in the garden is ours and there is currently a hedge there.

Since we moved in, our next door neighbours on the left have acquired their daughter's very large and aggressive Alsatian dog, and it barks and growls at us every time we go in our garden and recently it has managed to jump through the hedge into our garden on numerous occasions. (We have rabbits and it goes for them every time.)

I have two young children and I childmind and this can not continue.

The neighbours have said it is our responsibility as it is our boundary but I don't think that can be right. Surely it is their responsibility to stop their dog getting into our garden?

We are getting quotes to put a 5ft high chain link fence up against the hedge to stop it happening but don't feel we should be forced to pay for the entire thing which is what are neighbours are saying. They are offering to pay half the labour costs but I want them to pay half of the whole thing.

Can someone clarify our position legally?

Thanks

JW
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Re: Who is legally responsible if large dog gets through hed

Postby MacadamB53 » Mon Sep 29, 2014 3:45 pm

Hi JW,

the owner of the dog is legally required to ensure the animal is under their control at all times.

if the dog gets through the hedge onto your land then he has lost control.

his reference to it being your boundary is, frankly, nonsense.

I'd urge him to go speak to a sols before his negligence lands in hot water/court.

Kind regards, Mac
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Re: Who is legally responsible if large dog gets through hed

Postby zaax » Mon Sep 29, 2014 7:24 pm

It’s now against the law to let a dog be dangerously out of control anywhere, including in the owner’s home - call the police.

Dogs worrying livestock can be shot.
I know nothing about the law.
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Re: Who is legally responsible if large dog gets through hed

Postby arsie » Mon Sep 29, 2014 8:07 pm

The law: he is legally bound to keep his dog under control at all times and is criminally liable if not. You are responsible for the boundary but if so it is your choice what you put there or don't. He is still responsible for keeping his dog under control.

I think he should pay all of the costs (materials and labour) of a dog proof fence on his land.

That is your position. Go to him and discuss this matter with him.

It is really very simple.
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Re: Who is legally responsible if large dog gets through hed

Postby span » Mon Sep 29, 2014 8:23 pm

Get a gun. Shoot the dog.

Law of the countryside.
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Re: Who is legally responsible if large dog gets through hed

Postby jonahinoz » Tue Sep 30, 2014 3:36 pm

Hi,

Your fence is to keep your animals in, not neighbours animals out.

However, I read somewhere (and the best part of 50 years ago) that a neighbour is not responsible if his animal enters your property from the road. That may not be true now, might not have been true then. ??? But the Dangerous Dog Act has added another dimension.

I also read, about the same time. that a rabbit is not considered to be a domestic animal. ???

If you can confine the dog, call the Dog Warden.

In my previous village, the local yobs found that a lump of meat laced with canabis would a large dog, Maybe cascara would be easier to obtain, and take effect after he had returned home.

John W
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Re: Who is legally responsible if large dog gets through hed

Postby mugwump » Tue Sep 30, 2014 4:50 pm

span wrote:Get a gun. Shoot the dog.

Law of the countryside.

Not really, only applies to livestock

Plus I don't think asking for a gun licence to shoot next door's dog would succeed
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Re: Who is legally responsible if large dog gets through hed

Postby Janieb » Tue Sep 30, 2014 5:37 pm

Oh. For goodness sake just talk to the neighbour. Or have they been unapproachable?
"I prefer rogues to imbeciles, because they sometimes take a rest" Alexandre Dumas (fils)
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Re: Who is legally responsible if large dog gets through hed

Postby COGGY » Tue Sep 30, 2014 5:59 pm

Hi Janieb

I think they have talked to the neighbour and were told it was the OP's responsibility to keep the fence secure, regardless of the neighbour owning the problem dog. The neighbour does not appear to be very neighbourly :roll:

Regards Coggy
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Re: Who is legally responsible if large dog gets through hed

Postby jw40 » Tue Sep 30, 2014 6:05 pm

Yes the owner of the dog has told us it is our responsibility to pay for the fence as it is our border that the dog is getting through. They have offered to pay for a small amount as a goodwill gesture! They are relying on the fact that I am a childminder and currently none of my minded children can go in the garden if the dog is in their garden which is every day just in case he gets through.

We have a quote for a 6 ft high chain link fence and they are coming on Friday to erect it. I now just have to tell our neighbour that I expect them to pay for half of it.
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Re: Who is legally responsible if large dog gets through hed

Postby MacadamB53 » Tue Sep 30, 2014 7:06 pm

Hi jw,

We have a quote for a 6 ft high chain link fence and they are coming on Friday to erect it. I now just have to tell our neighbour that I expect them to pay for half of it.

whoa! how do you work that one out?
have you thought about whose fence it will be? 100% yours.
I'd not pay a penny towards your fence if you took that approach with me...

if you want your land to have a fence along it's edge then get yourself a fence.

however, you implied this isn't the case so if the only reason you're contemplating doing so is to stop his dog straying into your garden then I can only conclude you've dismissed all the advice/suggestions we've offered.

Good luck, Mac
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Re: Who is legally responsible if large dog gets through hed

Postby arsie » Tue Sep 30, 2014 7:30 pm

jw40 wrote:We have a quote for a 6 ft high chain link fence and they are coming on Friday to erect it. I now just have to tell our neighbour that I expect them to pay for half of it.

Don't be surprised if he says, go whistle. Or worse, *expletive deleted* so make sure the children are out of earshot.

+1 what Mac says.
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Re: Who is legally responsible if large dog gets through hed

Postby mr sheen » Tue Sep 30, 2014 9:02 pm

This case is complicated by the fact that you are a childminder and take money to keep children safe...one call to the authorities that you have a large aggressive dog on your premises(wherever it comes from) and you have problems with parents, authority and insurance and heaven forbid anything untoward should happen to one of these children and all you did was ask Gardenlaw contributors who should be responsible for keeping the dog off the garden as oppose to taking immediate action to protect the children in your charge
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Re: Who is legally responsible if large dog gets through hed

Postby span » Tue Sep 30, 2014 9:06 pm

mugwump wrote:
span wrote:Get a gun. Shoot the dog.

Law of the countryside.

Not really, only applies to livestock

Plus I don't think asking for a gun licence to shoot next door's dog would succeed


You don't need a licence for a gun. Rifle, yeah, but we're not talking rifles here. guns need a firearms cert, and the presumption is to grant it unless there's indications otherwise.

So get your gun, and then just happen to be out in your garden with it when Fido appears and attacks you.

Bang. Game over, Fido.

Chuck the corpse on the neighbours front doorstep. Send him an invoice for the cost of the cartridge.

Or just put down poison and let Fido suffer in agony before expiring. But I know which one I'd have more respect for.
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Re: Who is legally responsible if large dog gets through hed

Postby jw40 » Tue Sep 30, 2014 9:44 pm

As a childminder, I have to keep the children I look after safe so we currently only go into my garden when A) I am with them and B) I have checked that the dog is not outside. If the dog is outside we don't go out and if the dog is let outside while we are out there, we immediately come in. And I have a written policy stating this.

But I look after older children and I would like them to be able to go into the garden without having to come back in at a moment's notice.

It was our neighbour who said it was our responsibility to erect a fence on our side to stop his dog coming in, so he knows it is happening. I am just trying to ascertain whether it is in fact our responsibility to stop the dog coming in or his responsibility to stop the dog getting out, when it is our boundary.

Thanks for the mostly sensible comments posted!
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