Where do I stand?

Donna · 20-11-2007, 01:42 PM

So angry today....

Cats were out in the garden before I left for work, rabbits had just been let out into the run.... I was indoors with the children just finishing a few bits before leaving for work/school.

Sean said to me "why is there a dog in our garden?" Cats came flying in twice their normal size all puffed up - literally slammed their way through the cat flap - sounded like Misty actually ran through the wall in terror to get in

Looked out and there was a massive rotweiller in my garden

Opened door stupidly to find my pikey neighbour in my garden (remember they have never erected their fence so have had no boundary for five years). Said to him "what the hell do you think you are doing and is that your dog" he said it was his dog. so angry.

He has let his new dog out into his garden knowing their is no boundary fence and so it was in my garden - rabbits were terrified, cats terrified and both my kids rather nervous... I am MEGA ANGRY!!! I said he was an idiot and the fence would of been the priority rather than a new dog and he said he was waiting for the builder to do the fence..... five years without a fence and now a builder on his way... very doubtful.

Now I not sure what to do. Have to sort the bunnies out when I get in but I certainly dont want to come face to face with a dangerous animal, and this fence needs erecting immediately!!

Anyone know of any laws he is breaking???

sarahd · 20-11-2007, 01:48 PM

OMG how awful that must have been for you. I can understand your annoyance over the poor animals being scared to death like that

.
Sorry don't know of any laws he might be breaking just wanted to sympathise with how you must be feeling

Good luck and i hope things get sorted out regarding the fence very soon. Then your kitties and bunnies will be safe

Sarah
x

Tinker · 20-11-2007, 01:57 PM

You have my sympathy, our previous house had an unfenced garden and our neighbour got a dog and used to encourage it to go into our garden to poo

I am not sure where you stand legally, but surely it is your neighbours responsibility to fence his dog in rather than your responsibility to fence the dog out.

Have a look on this site to see if any of their articles are useful http://www.nfh.org.uk/resources/Articles/index.php

charliebubs · 20-11-2007, 02:52 PM

Donna,

You would need to look at your title deeds to ascertain actually who is responsible for that boundary fence. It could be a shared boundary rather than your neighbour's sole responsibility.

You can get a copy of your title deeds from the Land Registry online for a couple of quid. PM me if you need help.

Once you know who actually owns the boundary you can work out what best to do.

He could be breaching the provisions of the Party Wall Act.

I totally sympathise with you. Poor cats and bunnies

Let me know if I can help in any way - legally.

x

Donna · 20-11-2007, 02:57 PM

Quote:

Originally Posted by charliebubs

Donna,

You would need to look at your title deeds to ascertain actually who is responsible for that boundary fence. It could be a shared boundary rather than your neighbour's sole responsibility.

You can get a copy of your title deeds from the Land Registry online for a couple of quid. PM me if you need help.

Once you know who actually owns the boundary you can work out what best to do.

He could be breaching the provisions of the Party Wall Act.

I totally sympathise with you. Poor cats and bunnies

Let me know if I can help in any way - legally.

x

Thank you Charlie - the fence is theirs and they are accepting it is theirs - just that they wont spend time and money on erecting it properly. They rent the house - the landlord is unknown to me so cannot complain to them. The landlord doesnt seem to give a stuff about maintaining the house as it is falling to pieces.

Not sure if there is anything I can do legally as I know it is not a law that you have to erect a boundary fence.

charliebubs · 20-11-2007, 03:05 PM

Quote:

Originally Posted by Donna

Thank you Charlie - the fence is theirs and they are accepting it is theirs - just that they wont spend time and money on erecting it properly. They rent the house - the landlord is unknown to me so cannot complain to them. The landlord doesnt seem to give a stuff about maintaining the house as it is falling to pieces.

Not sure if there is anything I can do legally as I know it is not a law that you have to erect a boundary fence.

You can find the landlord's details from the Land Registry online too - you just need to search their address. It's about £3.

If I were you I would do that and then write to the Landlord directly and say that you are unhappy. At the end of the day it will be the Landlord's responsibility as he/she is the owner of the freehold title.

It could also be that the Landlord's title deeds will tell you if there is any obligation on him/her to erect a boundary fence. Some title deeds contain these obligations (called covenants). If they are in breach of a covenant then enforcement action can be taken.

I hope that helps.

EmmaG · 20-11-2007, 03:37 PM

Donna if he does it again, tell him that you consider him to be trespassing, then you will need to get evidence that he has again come into your garden. Take a few photos next time he does it. Also photo the dog if it comes into your garden, preferrably with a time stamp on your camera.

I would also complain to the landlord if it was me.

EmmaG · 20-11-2007, 03:40 PM

some good info here

http://www.thesite.org/homelawandmon...respasstrouble

EmmaG · 20-11-2007, 03:41 PM

also here but you have to pay for the letter template

http://www.desktoplawyer.co.uk/dt/br...920&RapId=4383

Mags · 20-11-2007, 04:22 PM

I'm not sure how you stand with this Donna but your neighbour is definitely out of order being on your property...

I can understand your annoyance and hope he gets that fence fixed as soon as possible....

Hope all the pets have recovered from their fright by the time you get home...

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