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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Can my neighbour allow his 2 large English pointer dogs to

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Can my neighbour allow his 2 large English pointer dogs to run free over our shared access? They can be quite intimidating. Last year they designed their garden to total open plan, removing the fences and gate that had previously allowed for unhindered passage through the shared access area.
My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Is this causing a problem for you and/or your family?
Customer: replied 3 years ago.
The shared access is our only means of passing from our back garden to the road with bikes, bins, garden rubbish and similar. We live in a row of cottages. One of the dogs in particular is nervous and sometimes stands and growls and barks. The owners do not always call their dogs if they are blocking the way and barking. I do find this difficult as I am not a dog owner, though I love animals, but I do have some fear of large dogs.
No problem.
There are two laws that come into play.
First, under section 3 (3) Dangerous Dogs Act 1991 it is a criminal offence for an owner to allow a dog to enter public and private areas where injury is caused or there is a fear of injury.
Second, under the civil law if the dogs are causing a "nuisance" then you can take action against your neighbour which could include an injunction to keep them under control and/or restricted to a certain area.
You may not wish to take legal action and sour relations with your neighbour but these are the legal remedies that you could seek.
Therefore, you are well within your rights to express your concerns to the neighbour. If nothing is done to allay your fears you will have the law on your side.
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