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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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My garden is being constantly invaded by local farmers turkeys.

Resolved Question:

My garden is being constantly invaded by local farmers turkeys. How can I get him to restrain/contain them?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with 20 years experience I will try to help you with this.

LondonlawyerJ :

Can you please just explain how they invade, how do they escape from his land and how do they enter yours? How often does it happen? Do they cause any damage?

Customer:

They enter the property whenever our driveway gate is opened. They also fly over our garden fence. The birds are allowed to roam free. The access road to our property is also a public footpath. They do not cause damage, buyt they do eat our own chickens feed.

LondonlawyerJ :

OK. It may well be that there is a technical argument in negligence or nuisance against the neighbouring farm but in reality in the absence of damage the claim is likely to be of very low value. There is unlikely to be any chance of obtaining an urgent injunction to prevent the birds escaping. I am afraid that in law there is unlikely to be a practical remedy for this and you may need to look to a practical solution like self closing driveway gates.

Customer:

Understand that but surely there must be something one can do about intimidation. These are big turkeys and they mob the gate and any visitors including grandchildren, friends and tradesmen

Customer:

I suppose we can wait until they actually peck someone and draw blood?

LondonlawyerJ :

You can send a letter formally putting them on notice about the nuisance they are causing. The letter should state the following: that his turkeys are constantly entering your property. That they cause a nuisance (eg eating food, loss of amenity of garden, eating your chicken food). That this is causing you inconvenience distress and loss. Quantify this if you can. Threaten him with legal proceedings within 21 days unless he remedies the situation. This is a bit of a hollow threat but it may be of some use.

Customer:

OK we will try that, although not hopeful, but thanks for your help anyway

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