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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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My neighbour leaves its dog loose in the evening. The Dog comes

Resolved Question:

My neighbour leaves its dog loose in the evening. The Dog comes to our property and leaves poo all over. We have informed them of this but they refuse to do anything about it. Have reported this to council who consider this a local dispute and not willing to get involved.
What can be done?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How does the dog get into your garden?
Customer: replied 1 year ago.

Through the bushes and small vegetation which forms the boundary between the two properties. These are thick bushes which are about 3 to 5 meter high. They have formed the boundary between the two properties for the past 50 years. Also part of the boundary which does not have vegetation is fenced. I have put up this fence (my responsibility). My neighbor is now asking me to put up a fence at my cost so his dog does not come to our property.

Expert:  Jo C. replied 1 year ago.
Who's boundary line is it?
Customer: replied 1 year ago.

mine

Expert:  Jo C. replied 1 year ago.
Thanks.
If it is your fence then it is for you to maintain I'm afraid.
That doesn't detract from his duties as a dog owner. If his dog came into your garden and caused damage then he would be liable for that. Defecation alone though is a bit of a half way point. It is clearly unpleasant but it doesn't put you to cost in clearing it up which is the test.
It is unfortunate that the Council won't act. I am rather surprised they won't offer mediation of any form but there you have it.
The dog warden will not be interested because it doesn't involve dangerous or ownerless dogs.
The only remaining alternative is harassment but since the Council would not that would be dangerous. If the Council will not prosecute for statutory nuisance then private nuisance is usually a dangerous claim to bring.
Clearly this can be resolved by repairing the fence and, if it belongs to you, then only you can do that. You could ask him to make a contribution though since his dog is using the gaps to escape and although there is no damage at this stage that might change giving you a claim.
Sorry but I can only give you truthful information.
Can I clarify anything for you?
Jo
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