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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to not want neighbour's dogs in my back garden?

37 replies

Ewemoo · 07/05/2010 17:50

For the last year our neighbour's two dogs have increasingly found their way into our garden via gap under the rotting fence between the two properties. Last summer we approached the neighbour to see about replacing the fence (going halves on the bill). They replied that they couldn't afford it so we compromised by saying that we'd leave it until this April. However, our financial situation has now changed and we can't afford to fix the fence. However, is it right that I have to put up with two dogs defecating on my land when I never chose to have dogs? I also have 2 18mo dcs who would think nothing of putting their hand in dog poo. Is there not a law regarding the safe enclosure of domestic animals or aibu?

OP posts:
kittens · 07/05/2010 18:02

I sympathise with you as we had exactly the same problem with our neighbours. In the end we ended up getting the fences replaced as my DDs were too scared to use the garden as the neighbours dogs are not very friendly.

You could call the RSPCA and ask them for advice, but it can cause bad feeling with the neighbours. Alternatively get some chicken wire and attach it to the fence posts which will stop the dogs getting through.

There is now another bit of rotten fence that they are not replacing and this time I have moved a wooden planter in front of it so the dogs can't get through. If you find a solution to get them to fix it let me know and we'll try the same.

EldonAve · 07/05/2010 18:05

who does the fence belong to?

Missus84 · 07/05/2010 18:08

Can you call your local council dog warden for advice? I'd have thought it was the responsibility of the dogs' owner to keep them under control.

ScreaminEagle · 07/05/2010 18:11

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mummyplonk · 07/05/2010 18:12

Ewemoo I would be really esp with your Lo's wanting to run around when the weathers nice and having to worry if there is dog crap on your property. Are the neighbours apologetic when they see their dogs coming back through, lighter of their load?

etchasketch · 07/05/2010 18:14

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LaurieFecktheToriesCake · 07/05/2010 18:14

If its not your fence then you can't replace it. Just get some chicken wire (by the metre in Homebase) and run it along the fence at ground level and put plant pots on top of it.

Vallhala · 07/05/2010 18:15

YANBU. I'm a dog-owner and wouldn't expect my neighbours to have to put up with my 2 dogs in their garden any more than I would want their kids in mine.

Law on the dogs varies according to the situation. If, as appears to be the case with you, there is nothing other than canine trespass taking place then there is no recourse in criminal law and you'd have to contact a solicitor to take civil proceedings.

Of course, trespass accompnied by aggressive behaviour etc is covered by the Control Of Dogs Act and Dangerous Dogs Act. Infringements of either of these are a criminal offence.

Who owns the fence? That makes a difference as to who is responsible for repairs to it, regardless of how each party feels about the other's moral obligations.

The best solution is to block the holes for the immediate future and talk calmly to your neighbour about how and when they intend to resolve the problem, dependent on who is responsible for thefence and boundary - even if only by blocking the holes securely on their side so that it's not as unsightly on yours.

Trifle · 07/05/2010 18:54

It doesnt matter who owns the fence.

If the neighbour owns the fence they are not legally obliged to replace/repair it if they dont want to.

If you own the fence you are not legally required to repair/replace it to keep their dogs out. They are however legally obliged to stop their two dogs trespassing on your land.

expatinscotland · 07/05/2010 18:56

YANBU.

Too bad it's criminal, otherwise I'd say go BB gun or air rifle .

Ewemoo · 07/05/2010 20:47

Not entirely sure who owns fence but I know for a fact they paid nothing for the fence on the other side so imo they are chancing their arm and trying to get away with not paying for this side either. I wouldn't mind but this is the neighbour who just spend thousands on a tummy tuck and state of the art gym equipment. What narks me is they send their dcs round to collect the dogs just so they can avoid 'the conversation'

OP posts:
expatinscotland · 07/05/2010 20:50

Throw the poo over the fence or round it up and give it to them.

Or report them to your local council.

Or knock on their door and tell them to come over and pick up after their damn dogs.

I'd be tempted to round up their dogs and relocate them.

outnumbered2to1 · 07/05/2010 20:52

i would (and have) scooped up the dog poo and flung it back over the fence. Its amazing how quickly the fence got fixed after a week of it flying over the fence onto the neighbours pristine lawn

outnumbered2to1 · 07/05/2010 20:53

expat - great minds think alike eh...?

cookiemonster100 · 07/05/2010 20:54

We had the same problem. SO I used to scoop up the poo and leave it by their front door so he stepped in it when he left for work in the morning.

Funny enough, the fenced got fixed. I am with expatinscotland, chuck it over into their garden.

Good Luck!

TheNextMrsDepp · 07/05/2010 20:56

It doesn't matter who owns the fence. If you want to, you can put up your own fence on your side of the boundary, but you can't force them to fix it (just try to ask them in a neighbourly way).
I used to have the neighbour's cats in my garden all the time using our flowerbeds as their private en suite, and that unfortunately couldn't be prevented, but it didn't stop me lobbing the poos back over the fence. Grrr...

outnumbered2to1 · 07/05/2010 20:57

cookiemonster i take my hat off to you - i wasn't brave enough to try that one

EldonAve · 07/05/2010 20:58

Your council's dog warden team may be able to help

SoStressedAndConfused · 07/05/2010 21:16

Trifle has it right. It's a common myth that one party or another has to maintain a fence. Although you own a fence your only obligation is that if you keep it it mustn't pose a danger.

You can remove it altogether if you want.

If you own dogs or livestock then it is your responsibility to prevent them trespassing on your neighbour's property.

So OP it's your neighbour's responsibility to do this whether or not they own the fence.

Be tactful, though - neighbour disputes are a nightmre so don't fall out!

ScreaminEagle · 08/05/2010 00:36

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SugarMousePink · 08/05/2010 12:09

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teawhitenosugar · 08/05/2010 13:47

See if anyone on your local freecycle group has any fence panels going spare. I would be mortified if my 2 dogs were crapping on a neighbours lawn so think your neighbours should be too - they should watch the dogs if they can't keep them secure!

RunawayWife · 08/05/2010 13:52

Can you let them out of your back garden in the hope they get --run over run away?

StayingDavidTennantsGirl · 08/05/2010 14:05

I second and third those who suggest either lobbing the dog poo back over the fence or leaving it on their doorstep.

Even better, if you could wait for a really warm day when they happen to be out, and leave it on their patio/doorstep to get nice and ripe in the sunshine before they get home.

And I'm a dog owner who wouldn't dream of letting my dog do this - in fact, dh has already replaced several planks in our neighbour's fence because our dog has eaten her way through them in her attempts to be united with the Love of her Life - their labradoodle.

GerbilMeasles · 08/05/2010 14:52

Following on from RunawayWife's suggestion, do you honestly think that your neighbours would have left their fence open if it opened onto the road? If so, then frankly they don't deserve the dogs, and so it's no loss to them (or to the dogs) if the dogs run away. If not, the neighbours are taking the piss.

Leave your back gate open. Then see how quick the fence gets mended.