Neighbour''s dog

Bonkers2 said:
I am not suggesting shooting the dog, it would be difficult to do so, but the threat may stop the problem.
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God what a shoot first lot we have here!!! :-)

I have quite a bit of experience of the laws of dog control around livestock. The only livestock that gives you almost a free hand to use fatal force is sheep as there enclosures are covered seperately under the act as it is an offence for a dog to be present. under Normal circumstances the only time lethal force may be used is when damage is actually being done and there is NO!!! other way of stopping it. I have been sued several times for shooting dogs never successfully (even made the Front page of the Sun one day not page three :-( )
I dont recommend it as a deterrent to anybody as you do not do it lightly!

You may or may not find this article interesting as it just about sums up this part of the law.

http://www.fwi.co.uk/farm-life/your-legal-rights-on-shooting-dogs-on-your-land.htm
 
popsdosh said:
Under Normal circumstances the only time lethal force may be used is when damage is actually being done and there is NO!!! other way of stopping it.
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This is actually a common misunderstanding - there is case law where a farmer shot a dog on a flexi lead as the owner failed to control the dog. The 'no other way of catching' is also not quite true - the farmer should try and control the dog as far as reasonably practicable. A dog in chase mode is unlikely to be caught by a stranger. Also damage does not have to be done - worrying is enough. The new revisions to the DDA give even more protection as if someone is in fear of their safety the dog may be classed as dangerous.

Your case should not have even got to court - a good lawyer would have had the case dismissed before that stage.
 
Nobody has said to shoot the dog, the advice is to tell the owner of the dog that they could shoot it if it keeps worrying the horses.
 
I would get your solicitor to write your neighbour a letter.
Also you should erect dog proof fencing such as Equi-Fencing which is a tight form of sheep fencing.
 
If the dog owner doesn't understand the threat to your horse, maybe you need to make it clearer to her that her dog is at risk. Even if you don't think your horses would hurt the dog intentionally, it could easily get trampled or kicked.
 
EQUIDAE said:
This is actually a common misunderstanding - there is case law where a farmer shot a dog on a flexi lead as the owner failed to control the dog. The 'no other way of catching' is also not quite true - the farmer should try and control the dog as far as reasonably practicable. A dog in chase mode is unlikely to be caught by a stranger. Also damage does not have to be done - worrying is enough. The new revisions to the DDA give even more protection as if someone is in fear of their safety the dog may be classed as dangerous.

Your case should not have even got to court - a good lawyer would have had the case dismissed before that stage.
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Sheep have more protection under the act than other livestock. You cannot shoot dogs that are merely in a paddock with horses. A physical attack needs to be happening and no other way of stopping it.

We ended up in court not on a criminal matter but civil for tresspass on goods which is a very real consequence of over reacting. If you read my link it is pretty much explained.
 
hardtimes said:
Any suggestions as what I can do about my neighbour''s dog? It regularly escapes and chases my ponies, terrifying them. She (neighbour) is totally unconcerned, just saying that the dog will not hurt them. I am worried that they will run through the fence and injure themselves, or escape onto the road. This has happened three times in the last week. Any ideas, please?
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Can you run some low level plastic fencing or plastic covered wire fencing round the field so it cannot get in???

I think you need to have stern words with this neighbour and explain the dangers to your horses and her dog, emphasise her dog could be killed by one fatal blow. If they will not tell them they will be responsible for any vets bills that occur that are directly inflicted by her dog or as a result of her dog chasing your horses.

I know any dog comes near my boys feet he will have them and that goes for my new mare too, including out hacking
 
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The 'Dangerous Dog Act' was amended in 2014. Dog attacks on loose horses in a field are now covered as an offence. Simply report the incident to the Police and ask for an incident number.
Also get your solicitor to write to your neighbour advising them of this and that they would be committing a criminal offence if their dogs attacked your horses.
 
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