Dogs Trespassing ?

[Stevie13]

We recently moved into a house and on several occassions the next door neighbours dog has managed to get into our garden, as the dividing fence is in need of repair. I do not know who is responsible for the maintenance of the fence or if the dog entering the garden would be classed as trespassing? As we have a cat and rabbit I'm really concerned that events could turn nasty. Any advice would be gratefully received. Thanks

[ummmm]

Fix the fence....

[B00]

Dammit ummmm beat me to it.

[ummmm]

Haha....slow coach :-)

[36TEAK36]

I may be completely wrong here, but I recall reading somewhere that if you stood outside the front of your house facing the house, then the fence on your right is the side you are responsible for (for a vast majority of houses). So if it is the right hand fence that is the problem, then you will probably need to get it fixed. If it is the other side, maybe politely asking your neighbour to fix it will do the trick.

[ummmm]

Teak.....the house I lived in before this....both parties were responsible for both sides. 50/50

[ChuckFickens]

There is no rule concerning who is responsible for which fence.

You can check the plans in the land registry and you should be able to determine who owns the boundary fence and therefore who should repair it.

As for trespass... As it's a civil matter then you could try suing a dog for the value of the benefit received by entering the property.... doubt you'd get the dog to turn up in court though.

[boxtops]

I have always understood that if you keep an animal as a pet, then it's your responsibility to stop it trespassing. Your neighbours should fence in their dog.

[brenda]

Fix the fence pronto if you are worried about your pets. Sort out the responsibility later.

[Stevie13]

I was hoping for someone would know the correct politics on my question as the fence is hidden by 3 foot of thick bush from my side and the neighbour is a barrister, so should know the law inside & out.

Thankyou boxtops, I appreciate an honest answer without the sarcasm that others have displayed.

[redcrx]

even if the fence is owned by your neighbour, they could just remove it if they wanted to and leave no boundary.

if you know where the dog is entering then can you not just block its was in.

[Stevie13]

Unfortunately the dog has entered from a different place each time they block up his old access spot. I just want to clarify that a dog owner must be held responsible for a dogs behaviour, and keep him within their house boundries.

[woofgang]

and this will help the rabbit, when it gets eaten, how?
yes the owner is responsible for keeping the dog within bounds BUT
How do you keep your cat within bounds btw?

[cassa333]

The T marks on the deeds will indeed tell who has responsibility for the fence. If it is yours then legaly (unless stated in the deeds) you do not have to put a fence up.

If however YOU own animals then you have a duty to fence them in.
So, in summery, you do not have to repair the fence but your neighbour has to keep his animals in.

Cats don't count as they jump over anyway and as long as your rabbit is never allowed out of it's run you could be fine.

[Stevie13]

I have some old recollection that cats are still classed as wild animals and as such owners are not held responsible for their actions, unlike dogs. The rabbit is a house rabbit, who under the circumstances has never been allowed to venture into the garden.

We purchased the house through probate and as such some paperwork is missing, so we do not hold any plans showing boundry responsabilities.

[woofgang]

the plans will be on the Land registry website.

[woofgang]

I know that cats are classed as ferae naturae, it has always peeved me a bit that therefore cat owners don't get trouble for letting their cat crap in my garden and kill birds but I have to keep my dog under control.

[boxtops]

As a cat-owner, I have to agree with you woofgang - our neighbour has laid a new lawn and unfortunately one or two of the six local cats (not all mine) found the fresh soil irresistible for pooing. We are doing all we can to make our own gardens poo-friendly to our cats, but it's the nature of the beast - I have given the neigbour some Cat Poo Off crystals and we've suggested he puts down netting until his grass is through, and gets a water pistol to deter them. First time we've had any direct complaints about the cats' behaviour but I have considerable sympathy with our neighbour, too.

[cassa333]

In that case if you are not worried about security and children etc you do not have to replace the fence but your neighbour has a duty to keep his dog secure/fenced/penned in.