Dog owners and fencing responsibility.

Mojisola

Post by Mojisola » Sat Jul 24, 2010 11:35 am

arborlad wrote:
slowtolearn wrote: we seem to be talking at cross purposes.
No, I don't think we are, but you seem to be confusing a pet owners responsibilities with those of adjoining landowners to secure their boundaries, not the same thing at all.
I think it's two different things as well. The responsibility for securing the dog is the dog owner's, not the property owner's.

You have to either try to force the tenant to secure the dog or put up a fence yourself.

slowtolearn
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Post by slowtolearn » Sat Jul 24, 2010 11:56 am

No "arborlad" I'm not confused. My question is about containing the dog, not about boundary.

slowtolearn
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Post by slowtolearn » Sat Jul 24, 2010 12:17 pm

Her standard rental contract does not allow for the tenant to make any structural changes to the property. The tenant has always had a dog and the landlord has never required that the dog not have free reign in the garden. He has never changed his rental agreement to include any special clauses regarding the upkeep of the dogs his tenant has kept. I am of the opinion that if a landlord allows the keeping of dogs on his property and at the same time maintains the responsibility of the property boundaries remain his then he assumes the containment of the dogs. He has always gone 50-50 on the fence on previous occasions. It's not about the money, I think he is simply trying to upset his tenant in the faint hope she may move out. Discussion is futile, the legal route being my only alternative but only ofcourse if there are laws in place - hence my original question.

mr sheen
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Post by mr sheen » Sat Jul 24, 2010 12:38 pm

Surely the dog belongs to the old lady and not the landlord, in which case the landlord has no responsibility for the dog.

If the dog has caused no damage to your property, you have no losses and hence no legal claim against it's owner. You will have a well nigh impossible task of proving that a landlord has any duty wahtsoever for a dog owned by a tenant of his.

If you want a dog kept out of your garden, you have the option of putting up a fence.

kandy
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Post by kandy » Sun Jul 25, 2010 6:54 pm

You can't force the landlord to put up a fence on the grounds that his tenant has a dog. Control is the dog owner's responsibility, so if there is a problem your complaint is with her. She has the choice not to leave the dog outside untethered. She can stick a few canes in the ground to hold up a line of chicken wire (a non-structural alteration!!!) if necessary.

I think you and the fence issue has become a bit like a dog with a bone. But you are barking up the wrong tree.

I'll get my coat.

slowtolearn
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Post by slowtolearn » Mon Jul 26, 2010 10:05 am

Thanks for all your replies but it's not about the dog !!!!!! it's about getting the house owner to go 50-50 on the fence as he always has in the past. I merely wanted to know if I had any leverage in the dog as previous posts has stated but obviously advice can be taken with a pinch of salt. The old lady and I have already picked a fence we both like, I shall pay for all of it and it will be erected in the next few days.

Treeman
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Post by Treeman » Mon Jul 26, 2010 10:11 am

slowtolearn wrote:but obviously (some) advice can be taken with a pinch of salt.

100%

Mojisola

Post by Mojisola » Mon Jul 26, 2010 10:17 am

slowtolearn wrote:Thanks for all your replies but it's not about the dog !!!!!! it's about getting the house owner to go 50-50 on the fence as he always has in the past. I merely wanted to know if I had any leverage in the dog as previous posts has stated but obviously advice can be taken with a pinch of salt. The old lady and I have already picked a fence we both like, I shall pay for all of it and it will be erected in the next few days.
I'm glad you've decided to do this. You sound like a really good neighbour to have.

There wasn't anything wrong with the advice on here - it's just that you and the old lady are in a catch-22 position. She is legally responsible for keeping the dog under control which would usually mean putting up a fence. She is not allowed by the landlord to put up a fence. The landlord refuses to pay for a fence.

You have generously broken through the impasse.

kandy
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Post by kandy » Mon Jul 26, 2010 4:55 pm

slowtolearn, nice to have a decent person posting on here.
Good luck.

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