broken fence and dog

broken fence and dog

Postby janeyflea » Sat Apr 11, 2015 7:07 pm

I wonder if anybody can help me, I have had a look at other discussions but can't find what I'm looking for but please forgive me if it's already been discussed
I live in a semi detached house and the fence between me and my obnoxious (even his wife calls him obnoxious) neighbour blew down last year. I have asked him to repair it and the response I received was enough to make me blush. He has a dog, admittedly a small one and to the best of my knowledge it hasn't been in m garden but as I work full time I can't be certain, but I am getting rather fed up of the mess and I feel that whenever I'm in my garden it's like being in a goldfish bowl. Due to the dog which barks whenever anyone is in the back garden my cat is reluctant to go out and I'm also reluctant to use my garden
I understand there is no legal requirement on him to repair the fence but I'm not sure if this changes as he has a dog. Any help gratefully received. Thanks in advance
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Re: broken fence and dog

Postby MacadamB53 » Sat Apr 11, 2015 7:57 pm

Hi janeyflea,

the fence between me and my... ...neighbour blew down last year. I have asked him to repair it...

you don't say, but I assume it was his fence then...

I understand there is no legal requirement on him to repair the fence

correct

I'm not sure if this changes as he has a dog

no it does not.

he is legally obliged to keep his dog under control at all times - could be achieved by other means but a fence does a great job if he's letting the dog run free in his garden.

Kind regards, Mac
edit:
www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=6&t=19301

www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=6&t=19493
Last edited by MacadamB53 on Sat Apr 11, 2015 8:43 pm, edited 4 times in total.
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Re: broken fence and dog

Postby mr sheen » Sat Apr 11, 2015 8:06 pm

2 choices....live with situation or put one up yourself.
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Re: broken fence and dog

Postby Janieb » Sat Apr 11, 2015 8:48 pm

mr sheen wrote:2 choices....live with situation or put one up yourself.

Or do what I've done and just put up some chicken wire to stop the dog getting through the fence. In my case, the neighbour hasn't mended his fence and I'm not paying to improve his property but I've done the easiest, cheapest way of containing my dogs.
"I prefer rogues to imbeciles, because they sometimes take a rest" Alexandre Dumas (fils)
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Re: broken fence and dog

Postby arborlad » Sun Apr 12, 2015 10:03 am

janeyflea wrote:I live in a semi detached house and the fence.......



Who owns that fence?
arborlad

smile...it confuses people
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Re: broken fence and dog

Postby despair » Sun Apr 12, 2015 2:37 pm

Theres always the option to use pallets to form a fence ...thy are free in many places and often on Freegle

good side towards you and with a good coat of cheap fence paint stuff you get privacy and no dog
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Re: broken fence and dog

Postby janeyflea » Mon Apr 13, 2015 5:45 pm

It's my neighbours fence or rather it's my neighbour's pile of broken fence panels and it's his dog.
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Re: broken fence and dog

Postby mr sheen » Mon Apr 13, 2015 5:54 pm

And also the neighbours choice whether he wants to replace it or not.

If he chooses not to, you can choose to do nothing or put up your own fence.
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Re: broken fence and dog

Postby janeyflea » Mon Apr 13, 2015 6:02 pm

mr sheen wrote:And also the neighbours choice whether he wants to replace it or not.

If he chooses not to, you can choose to do nothing or put up your own fence.


Seriously think the law needs to be changed so that there is a legal obligation for people to fence their gardens especially if they have dogs. As a nurse I certainly don't have the time or the money to erecting a fence/buying chicken wire (no fence posts anyways to attach it to)/searching out pallets and painting them so I can stop his dog entering my garden
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Re: broken fence and dog

Postby stufe35 » Mon Apr 13, 2015 6:17 pm

Is his dog entering your garden ? You said you had no evidence.
If it is then you have grounds for complaint in that he must keep his dog under control, eg not stray onto private land where it is not wanted. He can use any method he likes to this , eg fence securely, put on a lead, train well.
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Re: broken fence and dog

Postby arborlad » Mon Apr 13, 2015 6:24 pm

janeyflea wrote:It's my neighbours fence or rather it's my neighbour's pile of broken fence panels and it's his dog.



The dog is not relevant.




janeyflea wrote:Seriously think the law needs to be changed so that there is a legal obligation for people to fence their gardens especially if they have dogs.



..........having to ascertain whether a current or previous landowner was or wasn't a dog owner in order to establish who owns what fence will thankfully never happen.
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Re: broken fence and dog

Postby Collaborate » Mon Apr 13, 2015 6:50 pm

janeyflea wrote:
mr sheen wrote:And also the neighbours choice whether he wants to replace it or not.

If he chooses not to, you can choose to do nothing or put up your own fence.


Seriously think the law needs to be changed so that there is a legal obligation for people to fence their gardens especially if they have dogs. As a nurse I certainly don't have the time or the money to erecting a fence/buying chicken wire (no fence posts anyways to attach it to)/searching out pallets and painting them so I can stop his dog entering my garden


With respect, if the law did change to require everyone to fence in their garden, you'd fall foul of it.
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Re: broken fence and dog

Postby arsie » Mon Apr 13, 2015 8:09 pm

+1 and I don't see what your job has to do with sparing a little time or money to put up a very basic fence, if it bothers you enough. Life forces you to make choices. You have been given good advice. Choosing to do nothing is always there if you are too busy or too poor. Saying thank you costs nothing janieflea and would only take a few seconds of your time :)
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Re: broken fence and dog

Postby MacadamB53 » Mon Apr 13, 2015 8:42 pm

Hi janeyflea,

I certainly don't have the time or the money to [be] erecting a fence… ...so I can stop his dog entering my garden

I read that to mean if it were not for the dog you'd be happy with no fence, in which case could you please confirm:

is the dog actually crossing over into your garden?

Kind regards, Mac
Last edited by MacadamB53 on Mon Apr 13, 2015 9:23 pm, edited 1 time in total.
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Re: broken fence and dog

Postby mr sheen » Mon Apr 13, 2015 8:50 pm

janeyflea wrote:
Seriously think the law needs to be changed so that there is a legal obligation for people to fence their gardens especially if they have dogs. As a nurse I certainly don't have the time or the money to erecting a fence/buying chicken wire (no fence posts anyways to attach it to)/searching out pallets and painting them so I can stop his dog entering my garden


Probably a good thing there isn't a law forcing you to fence your garden then...since you are refusing to obey the law you want enforcing with a defence that you are too poor and too busy...interesting defence and probably why such a law would never be enforceable since the jails would be overflowing with people criminalised for simply being too poor and too busy to fence their land and hence it is a choice, equal for you and your neighbour.
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