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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I live in a small village. One of my nearest neighbours is

Resolved Question:

I live in a small village. One of my nearest neighbours is the local pub. Over the course of the year 4 dogs belonging to customers have come into my garden, jumped over a fence to attack my cats. I have asked the landlady to put up a sign asking customers to ensure dogs are on leads, but I'm not sure what else I can do. I would like some advice. My local council have advised me it's a civil matter, but I think their being lazy and it's within in their gift to enforce this nuisance issue.
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.
How can I help with this please?
Customer: replied 2 years ago.
If the above solutions do not work, what are my legal options?
Expert:  Jo C. replied 2 years ago.
Ok. Thanks.
I just need 10 mins to type out an answer if thats OK?
Expert:  Jo C. replied 2 years ago.
Thank you.
In truth, I suspect that the council would not be able to act against in nuisance if it is only an issue of four instances.
The landlady is not under an obligation to do this. It is your dispute with your neighbour. The land lady has a duty to act against her tenants if they nuisance neighbours but it is not for her to bring claims on behalf of her tenants against others.
What, of course, you could do is erect signs yourself.
Alternatively, you could sue for trespass. You will have to show damage to bring realistically any claim and if it is just the risk is being created then any compensation would be very low but is one option.
Similarly, you could get a solicitor or a barrister under public access to write to the neighbour warning him of the law and often that is very effective.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
I'm not sure you've understood the issue. Please re-read my initial comment. The public house patrons are only there because of the pub. If they we're leaving noisily at the end of the night I would have a nuisance claim for noise. Why is the fact that patrons ability not to control their dogs leaves me with no redress?
Expert:  Jo C. replied 2 years ago.
That would not change the position.
The same principle applies. The council are right. This is just plain not a nuisance.
Customer: replied 2 years ago.
The landlady is my neighbour!
All I want to know is what legal redress that I can have to prevent this continuing to happen?
Expert:  Jo C. replied 2 years ago.
Yes, but that doesn't change anything.
The issue is whether, in principle, this amounts to a nuisance. It does not I'm afraid. Noise every night from drunken patrons is a different level of interference to a small number of incidents with dogs getting into your garden.
you have a claim in trespass against the owners of the dogs.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
Jo C. and 4 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Ok, so even though 2 dogs have actually come right into my garden, passed a gate and a fence, and have killed one cat ans attacked another on my property - is not important?
Expert:  Jo C. replied 2 years ago.
Not from the point of view of nuisance.
There are obviously animal welfare issues for the owner of the cat to pursue but that doesn't give you a claim against the landlady.
I'm happy to continue with this but please leave feedback for my answer.

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