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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I live in a terrace house with a shared access right of way

Customer Question

I live in a terrace house with a shared access right of way to the rear of the properties ( four houses). A newly moved in neighbour has a dog that she leaves loose over the shared right of way. It will run up to you barking and growling and frankly scares my wife.
We have asked this woman to keep the gate from her yard to the right of way closed when the dog is out, but she refuses point blank to do so.
What are my options here? I believe that there is now new legislation out to deal with the issue of dogs not being under control, but your advice would be invaluable.
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.

wingrovebuyer : Hello.
wingrovebuyer : You could report the matter to the dog control officer at your local council. Although it is private land (by the sounds of it) they can still assist if the dog poses a danger to humans or other pets. The Dog Act 1871 allows anyone (even you personally) to ask the Magistrates' Court to impose a control order on the owner, requiring them to keep the dog under control. Breach of the order would be a criminal offence. So, contact the council and ask them if they will help with this. Perhaps they could write to the owner and warn them first. Regards, WB

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