neighbour trespass?

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neighbour trespass?

Postby tamned » Sat Apr 15, 2017 9:05 am

We have had countless problems with our neighbour, whom we do NOT get along with, his Doberman keeps coming onto our property, most of the time it wanders back. Due to problems in the past with him getting aggressive, our solicitor has sent letters requesting that he does not enter our property. But recently my wife who is elderly found him looking around our property and asked him to leave, he refused and said he had a legal right to look for his dog that he believed was on our property. :mrgreen:
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Re: neighbour trespass?

Postby despair » Sat Apr 15, 2017 9:27 am

sorry but your neighbour is bang out of order
Dog owners are legally required to retain their own dogs so they do not wander into other peoples gardens
So you can tell him in no uncertain terns to contain his dog even if that means he has to put his hands in his pockets and pay for a good fence
meanwhile if you find his dog in your garden you will simply let it out onto the street ir call the dog warden and have it removed
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Re: neighbour trespass?

Postby tamned » Sat Apr 15, 2017 9:25 pm

Thanks Despair,

I just wonder if the dog does wander onto our property, can our neighbor legally come and look around for it, he says he can, but this just doesn't seem right!
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Re: neighbour trespass?

Postby MacadamB53 » Sat Apr 15, 2017 9:52 pm

tamned wrote:Thanks Despair,

I just wonder if the dog does wander onto our property, can our neighbor legally come and look around for it, he says he can, but this just doesn't seem right!
by walking into your property he isn't doing anything illegal, he's doing something which could be considered unlawful - ie a wrong, rather than a crime.

by having to look for his dog in the first place, though, he's demonstrably not in control of the dog and so is in danger of committing an offence as per Section 3 of The Danger Dogs Act 1991:

3 Keeping dogs under proper control

(1) If a dog is dangerously out of control in any place in England or Wales —

(a) the owner; and
(b) if different, the person for the time being in charge of the dog,is guilty of an offence, or, if the dog while so out of control injures any person or assistance dog, an aggravated offence, under this subsection.


whilst whether a dog is "dangerously out of control" is dependent on the details of the case, the legislation offers this:

3) For the purposes of this Act a dog shall be regarded as dangerously out of control on any occasion on which there are grounds for reasonable apprehension that it will injure any person or assistance dog, whether or not it actually does so...

Kind regards, Mac
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Re: neighbour trespass?

Postby tamned » Sun Apr 16, 2017 3:05 pm

Thanks Mac
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Re: neighbour trespass?

Postby Clifford Pope » Fri Apr 21, 2017 1:14 pm

Hire a man with a sheep and a gun. When the dog comes in and harasses the sheep, shoot it. :)
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Re: neighbour trespass?

Postby alyson » Fri Apr 21, 2017 1:35 pm

Clifford Pope wrote:Hire a man with a sheep and a gun. When the dog comes in and harasses the sheep, shoot it. :)

Don't think its legal to shoot sheep!
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Re: neighbour trespass?

Postby jonahinoz » Wed Apr 26, 2017 9:46 am

Hi,

I don't think the dog has to harass the sheep, he just has to "worry" it ... which means the dog was near the sheep, and the sheep was looking at the dog. I think the Dangerous Dog Act applies if the dog "worries" you.

Previously aggressive? Is it on the Dangerous Dog register? Do you know it is not?

John W
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