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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70302
Experience:  Over 5 years in practice
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We live on a private road with no public access. There are

Customer Question

We live on a private road with no public access. There are four homes on the property all with dogs. Last night a jogger who has passed by several times told us he would kill our dog. When asked how he would do this he said he would have the police do it. Our dog did not bite, bark or growl but ran along side the jogger as he passed within a foot of our front door. Do we have any rights?
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.
In relation to what in particular?
Obviously there are offences in actually killing a dog but he hasn't done that yet.
Customer: replied 2 years ago.

Thank you for answering. Rights in relation to whether this person is a "trespasser" and not protected while going through our properties such that he can or can not get the police to intervene with the dangerous dog laws.

Expert:  Jo C. replied 2 years ago.
Well, why would this fall under the Dangerous Dogs Act anyway?
Your dog hasn't injured anybody or given rise to reasonable apprehension that he will?
Customer: replied 2 years ago.

Hello again. No he has not injured anyone, but the man was asserting that he could use the police to prevent himself from being injured. I read that the dangerous dog act now excludes protection of the owners on private property. I have checked with the oxford city council and indeed we are not considered to have public access through our property.

Here is what the dangerous dog act says-

Section 3 of the Act applies to every single dog owner in England and Wales. Under this section, it is a criminal offence for the person in charge of the dog to allow it to be ‘dangerously out of control’ in a public place.

A dog doesn't have to bite to be deemed dangerous in the eyes of the law


The amendment and update to the law was to include now private property.

"While owners need to be fully aware of all the changes, the biggest difference from now on is the Act also covers incidents on private property in addition to public spaces. This includes your own house and both front and back gardens."

Expert:  Jo C. replied 2 years ago.
That is completely ridiculous.
The dangerous dogs act has been extended out to apply to private land unless a person is a trespasser but there still has to be an offence under S3. He cannot just take pre emptive action.
If your dog were to injure him or give rise to reasonable apprehension that he will then you could argue that he is a trespasser. It is a little more complicated than that. We don't really know how the law on that point will develop because the amendment was only in May and there hasn't been any case law on the point. I have been advising people to put up signs to the effect that the location is private land and entry will be trespass. Whether that will succeed or not we don't know yet but it is better than doing nothing at all.
I wouldn't worry about this. The police will not be interested. This is just a dog hater trying to use the police to make his point.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for you assistance.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.