broken fence and dog

Re: broken fence and dog

Postby despair » Tue Apr 14, 2015 9:14 am

Janeyflea you have been offered several options and info to deal with the situation

but you reject all of them out of hand

the bottom line is your neighbour simply has to ensure his dog does not enter your land
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Re: broken fence and dog

Postby janeyflea » Tue Apr 14, 2015 7:15 pm

When, what is my fence with my other neighbour, blew down in the storms last year I had a new one erected within a few days, my neighbours fence has been down for well over 12 months. I haven't seen the dog in my garden but there is evidence that a dog has been there as I find piles of dog censored which I have to pick up and dispose off. I don't have a dog but still erected what is my fence in a timely manner when I had the opportunity to do so. I also apologised to my neighbour for the inconvenience whilst the fence was down
I begrudge paying for something that is not my responsibility to repair just because my neighbour can't be bothered to do so
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Re: broken fence and dog

Postby janeyflea » Tue Apr 14, 2015 7:20 pm

[quote="arsie"]+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 :)[/quo

If you'd read my initial comment you'd have seen that I said thank you in advance to people who responded with advice - As my nan always used to say 'if you can't say anything nice don't say anything at all'.
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Re: broken fence and dog

Postby mr sheen » Tue Apr 14, 2015 7:28 pm

You don't seem to be grasping the basic principle....there is no requirement for anyone to repair or replace their fence. If you chose to replace one previously that was your choice. Your neighbour is exercising his right to choose not to replace it.

You keep saying it's his responsibility to replace it....no it isn't!

So back to your choices....repair/replace and pay or live with it as it is.

You asked what your position was and people here have outlined the position...it is clearly not what you wanted to hear but we can't change the legal position any more than you can.
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Re: broken fence and dog

Postby MacadamB53 » Tue Apr 14, 2015 8:07 pm

Hi janeyflea,

I begrudge paying for something that is not my responsibility to repair just because my neighbour can't be bothered to do so

but I thought you weren't actually wanting a fence, just the dog kept under control?!?

are you now saying you think there must/ought to be a fence between your gardens regardless of whether either of you own a dog?

Kind regards, Mac
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Re: broken fence and dog

Postby arsie » Tue Apr 14, 2015 11:49 pm

You 'begrudge' spending money you think someone else should spend. Sadly, a typical attitude in the UK today :(

The fact is, your neighbour has no legal imperative to put up a fence and neither do you. In the real world, generally no one can compel another to put up a fence or to pay for it. There is another thread currently active where a neighbour is trying to force member Jd007 to pay via the courts and failing to do so - but the neighbour is still not giving up. You are no different, in refusing to accept or acknowledge that you cannot force your neighbour to do what you want.

You are too poor and too busy to put up your own fence I think is the summary of your position.

I doubt your Nan would approve of you 'begrudging'. On this site the emphasis has to be on the sometimes unpleasant truth of the law: we can't just 'say something nice or say nothing at all'. If you don't like the advice you will just have to lump it.
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Re: broken fence and dog

Postby arborlad » Wed Apr 15, 2015 10:39 am

Collaborate wrote:
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.



There's an awful lot of nonsense on this thread...........and some misconceptions.............that would require two fences for every boundary - one is the correct number.
arborlad

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

Postby janeyflea » Wed Apr 15, 2015 5:50 pm

despair wrote:Janeyflea you have been offered several options and info to deal with the situation

but you reject all of them out of hand

the bottom line is your neighbour simply has to ensure his dog does not enter your land


This is the question I originally asked. I am aware that he has no legal obligation to repair the fence and I just wanted clarification as to if this changed due to him having a dog or not. What I wasn't expecting is the rudeness of some people when I have simply answered questions asked by others and expressed an opinion
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Re: broken fence and dog

Postby MacadamB53 » Wed Apr 15, 2015 7:00 pm

Hi janeyflea,

What I wasn't expecting is the rudeness of some people when I have simply answered questions asked by others and expressed an opinion
Mac wrote:Hi janeyflea,

I begrudge paying for something that is not my responsibility to repair just because my neighbour can't be bothered to do so

but I thought you weren't actually wanting a fence, just the dog kept under control?!?

are you now saying you think there must/ought to be a fence between your gardens regardless of whether either of you own a dog?
Kind regards, Mac
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Re: broken fence and dog

Postby span » Wed Apr 15, 2015 7:27 pm

MacadamB53 wrote:Hi janeyflea,

What I wasn't expecting is the rudeness of some people when I have simply answered questions asked by others and expressed an opinion
Mac wrote:Hi janeyflea,

I begrudge paying for something that is not my responsibility to repair just because my neighbour can't be bothered to do so

but I thought you weren't actually wanting a fence, just the dog kept under control?!?

are you now saying you think there must/ought to be a fence between your gardens regardless of whether either of you own a dog?
Kind regards, Mac


What's your point Mac? janeyflea hasn't said that she's answered ALL questions.
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Re: broken fence and dog

Postby despair » Wed Apr 15, 2015 7:36 pm

The simple fact here is Janeyflea finds dog doings in her garden
ergo the neighbour does nothing to restrain his dog

The neighbour has a 100% responsibility to restrain his dog and in Janies shoes I would pick up the censored and return it forcibly to the neighbour
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Re: broken fence and dog

Postby MacadamB53 » Wed Apr 15, 2015 8:54 pm

Hi span,

no real point other than to flag up my question as the OP appeared to be getting sidetracked about some alleged rudeness.

I wasn't suggesting the OP had declared all questions had been answered but missed mine.

Kind regards, Mac
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Re: broken fence and dog

Postby arborlad » Thu Apr 16, 2015 10:04 am

MacadamB53 wrote:........are you now saying you think there must/ought to be a fence between your gardens regardless of whether either of you own a dog?........



Of course there should - unless you know something I/we don't.
arborlad

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

Postby arsie » Thu Apr 16, 2015 10:32 am

Janeyflea, since the dog is trespassing on your property I would photograph the evidence and the fencing (or lack of). About barking - keep a log with dates and times. Your local council should be able to advise but excess barking is considered a nuisance. Bear in mind that dogs do bark, so it has to be unreasonable or excessive or affecting you badly for them to act. Dogs are territorial and not having its territory properly enclosed will not be helping. See if the council can help.
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Re: broken fence and dog

Postby jonahinoz » Wed May 13, 2015 8:40 am

Hi Janey,

I agree with what has been said previously ... there is no requirement for you neighbour to erect a fence, there is a requirement for him to control his dog. I didn't realise nurses were poorly paid, it's irrelevent. Even if you were an International Banker, and could afford to pay a servant to clear up after your neighbours dog ... why should you?

You say that you live in a semi-detached house, so presumably you have side access. The easy solution would be to leave your side gate open. But warn your neighbour first, as the dog is not to blame, so doesn't deserve to be run over ... and others may be hurt in an RTA.

Could it be that the dog uses his own garden, and your neighbour disposes of it in the easiest way .. by throwing it into your garden?

If it's only a tiny dog, maybe cutting a gap under your gate would provide a long term solution, while still giving you security.

There is also DERISS DUST (sp?) whatever that is, but your cat might not like it. Can it be used selectively along a boundary? Visions of digging a ditch along the boundary, filling it with wet mud ... muddy paw prints coming into the house might concentrate you neighbour's mind. :lol:

You don't say if you and/or your neighbour own or rent. Might be relevent when it comes to spending money.

OT ... If my dog takes a pit stop in the gutter, I can be fined. But there is nothing to prevent me letting him do the same in the middle of my back lawn, where my children play with their friends. Maybe the Health Hazard is a red herring.

602
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