Neighbour sticking hand over garden fence

CorvusCorax

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As with lots of things, will depend how good your solicitor is.

My friend got told off by police, his GSD (pet, not trained to do so) cornered and was barking at a guy at the bottom of the garden so he called local station..apparently this guy could have been out for a walk during the night and got lost...
 

Sandstone1

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I thought that if there was an implied invitation e.g. gateway unlocked with path to front door/etterbox, it is reasonable to expect visitors to approach but if dog was in back garden with no gate and no access to front door, dog was protected.

Im fairly sure that even if someone burgled you and got bitten they can in theory prosecute you for having a dangerous dog.
 

JenniD

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I'm fairly sure that even if someone burgled you and got bitten they can in theory prosecute you for having a dangerous dog.
...That doesn't surprise me living in UK....I'll have to leave this subject otherwise I shall froth at the mouth! I can't help but think that if what you have said was put as a multiple choice answer for a rookie solicitor exam it wouldn't be ticked!!
 

Tiddlypom

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I've posted before that it's getting to the stage where we need 6' high front gates to protect numpties from our 1' tall JRT, grr. Our 4' high front entrance gates are effectively our front door, they are kept padlocked and outside of them is our post box and a presser for the doorbell. No need for any visitor to come into contact with the dog unless we have opened the gates to welcome them in, and then he is fine.

STILL we get delivery drivers etc reaching right over the top of them to ruffle the JRT's ears when he's woofing loudly to alert us to the stranger. Since when was reaching in to touch a strange dog which is on his own property considered a sensible thing to do? I'd never do it.

OP, I'd raise the height of your fences.
 

Micky

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Or a strip of electric fencing over the top..��..obviously with a sign stating elctric fence..!! Remember fencing can’t be higher than 6 foot I think or is that just hedges?! Unless she has incredibly long arms, that would do the job
 

conniegirl

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Im fairly sure that even if someone burgled you and got bitten they can in theory prosecute you for having a dangerous dog.

no they cant.
If they are uninvited an get bitten its thier own fault.
The new legislation was to allow dogs on private property to be reported IF the person was supposed to be there, like a visiting child, delivery man etc. If they are not supposed to be there then they are fair game.
 

MissTyc

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All my neighbours are lovely, and we have lovely conversations when we meet in the street. However, I have put up a 6ft6 fence all around my garden, on all sides.
 

Sandstone1

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no they cant.
If they are uninvited an get bitten its thier own fault.
The new legislation was to allow dogs on private property to be reported IF the person was supposed to be there, like a visiting child, delivery man etc. If they are not supposed to be there then they are fair game.

Im not sure if thats correct without checking. I do know that someone only has to feel your dog may bite or be intimidated by it for them to make a complaint.
 

ponyparty

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Ah, thanks everyone, some of these responses have really tickled me and were exactly how I reacted (exploded) when OH told me.

She's away at the moment so I have some time to think at least... I am going to just put the trellis up this weekend (complete with climbing plants but they'll take a while to become established). I might put something to stop the dog getting too close to the fence, a shame as it's his favourite sunbathing spot but... safety first!

When they're back I will sweetly ask if she likes our new trellis, and explain that I've just put it up due to OH telling me about the incident with the dog the other day. That i would never forgive myself if the children were to come to any harm (never mind what I would do if my dog came to any harm!).

I don't particularly like being able to see into each other's gardens anyway, I have to say. Maybe I'm as territorial as my dog :D hopefully we'll be moving in the not too distant future in any case.
 

Pearlsasinger

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no they cant.
If they are uninvited an get bitten its thier own fault.
The new legislation was to allow dogs on private property to be reported IF the person was supposed to be there, like a visiting child, delivery man etc. If they are not supposed to be there then they are fair game.

That is my understanding.
 

JenniD

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Ooh! I wonder if there's such a thing as an oversized Venus Fly Trap?....not Day of the Triffids but Day of the Venus Fly Traps?...oh dear, I've been watching too many Sci-Fi films again!...joking aside though, I hope everything gets resolved amicably.:)
 

ponyparty

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Ooh! I wonder if there's such a thing as an oversized Venus Fly Trap?....not Day of the Triffids but Day of the Venus Fly Traps?...oh dear, I've been watching too many Sci-Fi films again!...joking aside though, I hope everything gets resolved amicably.:)

Hahaha.... currently researching poisonous climbing plants.... perhaps a few cacti, man-eating venus fly traps, ivy...

Not really :) I am sure it'll all be fine and she'll understand. And if not, pfft, all the more reason to move house!
 

conniegirl

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Im not sure if thats correct without checking. I do know that someone only has to feel your dog may bite or be intimidated by it for them to make a complaint.
It is,
If you’re dog is I need a public place then yes someone feeling intimidated is enough, if you are in your home then in order to make a complaint they have to be there either through invite or with valid reason (e.g postman in your garden to get to front door). Someone who is breaking in cannot make a complaint as they are not invited nor are they there with valid reason.
 

RunToEarth

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It is,
If you’re dog is I need a public place then yes someone feeling intimidated is enough, if you are in your home then in order to make a complaint they have to be there either through invite or with valid reason (e.g postman in your garden to get to front door). Someone who is breaking in cannot make a complaint as they are not invited nor are they there with valid reason.

This was my understanding as well, however a friend was reported last week when a rambler strayed far from a footpath a reported her menacing Labradors for barking at him, and this was the guidance she received which contradicts that:

https://www.nottinghamshire.police.uk/advice/dogs/dangerousdog
 

Goldenstar

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I think it’s essential that a dog with a dog flap must be in a garden fenced in such a way that it protects idiots from themselves if the dog can be loose when you are there .
However I would not accept my dogs growling at someone they have met .
 

JenniD

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This was my understanding as well, however a friend was reported last week when a rambler strayed far from a footpath a reported her menacing Labradors for barking at him, and this was the guidance she received which contradicts that:

https://www.nottinghamshire.police.uk/advice/dogs/dangerousdog
I've yet to meet a man-eating labrador! I used to do a bit of rambling with an ex. With the 'right to roam' act it wasn't uncommon for us to cross fields with cows in...who in their right mind would complain to a farmer if a cow chased them? I believe that if a burglar is bitten by a dog in the house where he is trying to steal someones family silver he can sue!!...WHATTT!!
 

Clodagh

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I doubt that the police would actually persue the house bite scenario. If you walked past our house though on the footpath and the dogs were outside the gate unattended (not going to happen) you would be very intimidated, especially as Pen goes round behind you and bays. (3 labs and a spaniel). A man bravely came into our garden the other day, I was doing the chickens and didn't see him and he tried to walk across the lawn but had to admit defeat. At least he had the sense to keep still, hands down and no eye contact until I called them. Was bloody stupid though.
 

Pearlsasinger

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I doubt that the police would actually persue the house bite scenario. If you walked past our house though on the footpath and the dogs were outside the gate unattended (not going to happen) you would be very intimidated, especially as Pen goes round behind you and bays. (3 labs and a spaniel). A man bravely came into our garden the other day, I was doing the chickens and didn't see him and he tried to walk across the lawn but had to admit defeat. At least he had the sense to keep still, hands down and no eye contact until I called them. Was bloody stupid though.

I think the problem arises when the general public can get into your garden with the dogs. Our Rotts are locked behind a high gate which is set at a right angle to the house wall, anyone who needs to approach the front door/postbox can do so without actually meeting the dogs, although they will bark. My understanding is that anyone who climbs over our locked gate is not in a position to complain that they feel intimidated by the dogs.
 

Clodagh

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I think the problem arises when the general public can get into your garden with the dogs. Our Rotts are locked behind a high gate which is set at a right angle to the house wall, anyone who needs to approach the front door/postbox can do so without actually meeting the dogs, although they will bark. My understanding is that anyone who climbs over our locked gate is not in a position to complain that they feel intimidated by the dogs.

Yes, agree with you. If anyone has entered without consent and got bitten I doubt the law would push it.
 

Pearlsasinger

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Yes, agree with you. If anyone has entered without consent and got bitten I doubt the law would push it.

We did have to increase the height of the gate when a previous Rott sailed over the 4'6" gate to stand on the very edge of our property to bark at a deliveryman who had just driven up the lane. Fortunately before the current legislation.
 
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