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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70699
Experience:  Over 5 years in practice
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I've lived on a boat in a Marina owned by BWML. They also

Customer Question

Hi,
I've lived on a boat in a Marina owned by BWML. They also own the caravan park attached to the Marina. I have been here 7 years, and am now being told that people in the Marina can no longer walk their dogs around the caravan park. There are other places we can go to take the dogs for a walk but my dog is nearly blind and the vet told me that she needs to walk as close to home as possible and if possible, the same place so she knows where she is going when she goes completely blind. Am I breaking any laws if I continue to walk my dog around the caravan park? This is the nearest and easiest place for her to get used to without bumping in to to many things. I have always picked up her mess immediately after she goes. Could I get into trouble with the law if I continue to walk my dog in the caravan park.
Thanks. Jennie
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.
No.
However, it could be argued that this is a trespass. That is a civil matter but if you are being refused permission to enter private land in the manner that you are and you still do so then that is trespass.
They could seek an injunction to stop you doing so and then you would be liable for costs.
They could seek an injunction with the power of arrest but that is very unlikely.
Can I clarify anything for you?
Jo
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Jo, have you actually read my message properly. I have already stated that I live in the Marina and the caravan park is attached to the Marina. For me to be able to leave the Marina, I would have to pass through the caravan park anyway. How could it be that I could be breaking the law. The caravan park is my only exit from my home.
Expert:  Jo C. replied 2 years ago.
Because you are walking a dog and they prohibit that.
Dog ownership is not a right. It is a privilege.
As much as I love dogs, others are free to prohibit them.
Customer: replied 2 years ago.
They are not prohibiting dogs, they welcome the dogs that come with the caravan owners, the manager has just decided that the people from the Marina cannot walk their dogs there. There are many dogs in the Marina and they are welcomed. So why is it breaking a law if the caravan owners dogs are welcomed?
Of course they are free to prohibit them, but they are not doing that with the caravan owner. What's the difference?
Expert:  Jo C. replied 2 years ago.
I wouldn't be able to answer for their intentions obviously.
it could be argued that this is a trespass. That is a civil matter but if you are being refused permission to enter private land in the manner that you are and you still do so then that is trespass
Customer: replied 2 years ago.
I understand what you are saying, but as they have not made it a rule of trespass, at the moment, they are just asking us not to walk our dogs around the caravan park. Until they make it a rule by law, would I be breaking the law by walking the dog there?
And, If they do make it a rule by law, would I be able to defend myself in a court of law?
Expert:  Jo C. replied 2 years ago.
I am really sorry and I wish I could give you a different answer but I'm afraid they can prohibit people from walking their dogs upon private property.
You do not have a right of way through this property. If you are there at all then it is at their allowance. If they withdraw that agreement, or at least while you are walking a dog, then acting at variance with that would be trespass.
Unless you can persuade them to agree I'm afraid there would be an action they could bring against you.
Customer: replied 2 years ago.
Ok, thank you for your advice. And may I say, THE LAW STINKS.
I have had many problems, different to this and the law has never been there to protect or defend me. I will however, talk to them and try to get them to change their minds. If all else fails, I, as one of the little people of this shit world, will do as the law says. Thanks again
Expert:  Jo C. replied 2 years ago.
Oh yes, I certainly agree with that.
I don't know how people are disadvantaged by having dogs around save for those with imaginary allergies or 'phobias' that nobody had ever heard of until a short time ago.
Customer: replied 2 years ago.
I know what you mean. I'm a nurse and the people that come through A&E would curl your hair. I have to say though, concerning this latest problem. In my job, I go through a lot of stress. And the stress management here have put me through with all the changes of rules, has been ridiculas. What infuriates me more is, the law always seems to be on their side.
I go through enough stress at work, I don't expect to come home to more stress. I've had enough. I think it's time to sell up and move on.
Expert:  Jo C. replied 2 years ago.
Yes, I agree.
If dog owners stood up for themselves and didn't just accept being treated as second class citizens when actually dogs cause very few problems in society this would all disappear in a few short years.
There are not specialist courts for dogs and their anti social conduct as there are for youths. Far more problems caused by people's children than people's dogs.
Customer: replied 2 years ago.
Thanks again Jo C. You have been very helpful.
Jennie
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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