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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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Is it against the law to throw cat poo over neighbours fen

Resolved Question:

Is it against the law to throw cat poo over neighbours fence?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.
My neighbour keeps throwing cat poo over my fence and it lands on my patio. I do have cats but so do all my other neighbours
Expert:  Jo C. replied 2 years ago.
Thanks.

There is nothing unlawful in that per se.

He will probably argue that your cats are responsible although it does occur to me that would be difficult for him to prove. There are lots of cats around.

I suppose you could argue that it amounts to harassment. It does not amount to criminal damage because there is no cost in removing cat facaes.

You could sue in civil harassment. The police will not be interested probably I'm afraid.

In fairness, I should mention that the compensation will not be large but an injunction preventing him from doing this might be available.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.
Would it not count as littering or fly tipping?
Expert:  Jo C. replied 2 years ago.
Its not littering because its an area to which the public don't have access.

Fly tipping can taken place on private land but I'm afraid its not likely that EP would be interested in this.
Customer: replied 2 years ago.
Some has been thrown on my path which has no fence around it which the public could access
Expert:  Jo C. replied 2 years ago.
Yes, but only lawfully with your permission. And if they are there with you permission then they are members of the public but lawful visitors.
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
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