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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33801
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Is there a civil law re nuisance and / or environmental health

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Is there a civil law re nuisance and / or environmental health that I could use, I have neighbours who have 4 cats, there are dogs in all the other homes but mine hence my garden is the toilet for the cats. For example, I picked up 17 lots of cat poo yesterday - just from the lawn, but residue is left as you can imagine plus much more in the flower beds. I have been doing this for just over 1 year. I have a 1 year old granddaughter, it will not be safe for her to be in my garden. Please help.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.For now please let me know what the neighbour has said what, if anything they will/can do about it?
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youI am afraid that this is a matter where you need to continue working with the owners as there is no law which can assist you.The only basis on which you could argue Nuisance or Anti Social Behaviour is where there are a large number of cats - and four is unlikely to to be seen as excessiveYou can read more here.http://www.inbrief.co.uk/animal-law/cats-fouling.htm#Please ask if you need further detailsClare
Customer: replied 1 year ago.
Hi, I can understand that 4 cats may not be deemed to be a large number but the mess they produce in my garden is huge amounts, I have photograph and video evidence. The stress of this is making me unwell, I now have shingles for the 2nd time since these people moved in, the smell in my garden is awful as is the clearing up of the mess, this makes me feel sick and causes me to retch all the time....to me, this is so much more than just a 'nuisance'.
Customer: replied 1 year ago.
I work hard to pay for the mortgage on my property, I cannot take full advantage of my garden, as the better weather approaches, I cannot leave the back door and back windows open as the cats will come in. This situation is having a detrimental affect on my live and well being. Surely, there is some course of action I could take?
Expert:  Clare replied 1 year ago.
Did the device work at all?
Customer: replied 1 year ago.
minimal effect - it sends out a signal that cats do not like - apparently - but covers a small area only, I would need five or 6 probably as the garden is so long and at £28.99 each you can see the problem / additional problem.
Expert:  Clare replied 1 year ago.
Whilst I understand the extent of the problem the fact remains that there is no court option open to you.However you can negotiate with your neighbours and ask them to assist in paying for these devices and suitable plantshttp://www.saga.co.uk/magazine/home-garden/gardening/advice-tips/pests/how-to-keep-cats-out-of-your-garden#If your council offer a neighbourhood mediation scheme you could use this.I am so sorry not to give better news - but sadly cats are considered to be untamed
Customer: replied 1 year ago.
very much like their inconsiderate selfish owners...so I have to accept that nuisance isn't a route, what about environment / the health and safety of my granddaughter which is compromised if she plays in my garden - even though I may have picked up the majority of the mess, what if I missed some and then she came in to contact with it?
Each time I clear it up, I chuck it at the bottom of the neighbours garden, often, when I am doing this, their washing which is on their line is hanging over my fence which makes things worse as it gets in the way in the narrow space, I am often tempted to chuck the mess over their washing, once, when I was seriously angry, I chucked it in their front garden, their front door is likely to be the next place - how do I stand with regard to them complaining about this please?
Expert:  Clare replied 1 year ago.
Please do not throw it at their front door - that would be criminal harassment.There is no legal action that you can take.However a water pistol used well does discourage cats as does any citrus peel and also those odd black shadow cats.
Customer: replied 1 year ago.
I've got water pistols, I have a hose, what I don't have is all the time in the world so sit in my garden waiting.
My health is suffering, as I mentioned earlier, I currently have shingles for the 2nd, the first time was in May last year - 6 months after they moved in, my GP tells me this is caused by stress, I've never had shingles previously.
So my health can suffer and potentially, the health of my Granddaughter and I am expected to just accept this.
Thank you for your advice, unfortunately, it has been of little help. Look out for me on the news.
Expert:  Clare replied 1 year ago.
Please do not take any risks - it will not help you or your granddaughter.Personally a lot of Citrus peel and a garden sprinkler did the trick - and some spiked plants
Clare, Solicitor
Category: Law
Satisfied Customers: 33801
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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