Uncontrolled Dogs adjacent 2 Bridleways What R Owners Responsibilities

Eaglestone

Eaglestone

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Following on from lewey1 post regarding a footpath running through her field and the legalities I thought I would ask advise from all you knowledgeable peeps out there
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We ride regularly through a Bridleway between a Bungalow and its Annexe, that extends to approx 50 yards.

The Bridleway is not what I understand to be the statutorily 3 meters wide (so my co riders says!) and is fenced by Post and Rail on one side, with plastic coated diamond shaped ‘chain link’ and just ‘chain link’ on the other side, about 3 feet high. At this time of year there is a very boggy patch part the way along that you have to negotiate, without catching your stirrup on the fence.

The owners have always had at least two ‘yapping’ Pekingese running up and down the fence, in the 15 years plus that I personally have ridden through. Today I rode through and they have now got three dogs all causing the same hazard.

My old boy is perfectly ok with the situation and does not take any notice, however my TB does react on occasions. The owners have watched us on numerous occasions ride through and seen us have problems, but make no effort to control the dogs.

Just before Xmas I rode through with a friend, who is equally concerned as she has a youngster, and just as we were ¾ of the way through, the owners let the dogs out of the house, as the dogs had obviously seen us and were barking, and they rushed over ‘yapping’ and fighting!

I can see that this is an accident waiting to happen!

The main question is …
What is legally expected of the owners of the Dogs?
Would be interested to know ....
Is there a requirement for the Bridleway to be 3 meters, or does this only apply to new ones?

Thank you
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PS I love dogs and I have no grudge with the owners of the Bungalow, just the safety of me, my horses and fellow riders
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If the dogs are on their land, are fenced in so they cannot get at ether you or your horses I doubt if there is anything you can do about this. I suppose there is a possibility that if you approached the council regarding the width of the bridleway you may be able to get it widened but as for the noisy dogs I think your horses will have to get aclimatised to them.
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I think as the dogs are on private property there is nothing you can do. Some bridleways and footpaths are governed by local bylaws so try contacting your local borough council.
 
Try a BHS bridleways officer? We contacted one a while ago over an issue & he knew all the rulebooks inside & out. Contact details are prob on BHS website. Can't hurt to ask.
 
There is nothing you can do with regards to the dogs. Sorry, nothing under criminal law anyway, can't think of any civil laws that would apply either.
Don't know about width of bridlepath, I would have thought that as it is between two buildings (bungalow & annexe) there is nothing physically that can be done to widen it.
 
Any dog that is on a public highway (this includes byways and bridleways) must be under control at all times. These dogs are clearly not under control.

You can ask your local authority to serve notice on the owners of the dog using the Environmental Protection Act 1990 (as ammended) stating that the dogs are a stautory nuisance and to oblige the owners to fence their property in such a way that their dogs can not disturb your horses even if this means that their dogs are kept well away from the bridleway.

In the first instance report the dogs behaviour to the local police and local authority dog warden each time there is a problem and keep a record of each incident including date and time. Insist that the police give you an incident number each time you report it.

As regards the width of the bridleway this can be determined from the definitive map officer at your local County Council who will be able to give you all the details of the correct width of the bridleway.

I hope that armed with the above information that you and your fellow riders will now take appropriate action.

if you require any further assistance then do not hesitate to contact me.
 
A lot of people without horses themselves genuinely don't understand that dogs can scare them. They may see your horse spook but not realise this is dangerous or distrurbing for you.

Could you try going to see them (without horse) and in a very friendly way (if possible) just try and explain how frightening it is and that you could end up badly hurt or killed. A simple requst such as calling the dogs in if they see you coming may work. Not many people want to see another person badly injured or killed and if they think about it, I am sure they don't want it to happen to you and are just ignorent.

If not go with Peter's advice above. It will only help with the police/authorities if you have already made a friendly approach that has been ignored.
 
[ QUOTE ]
Any dog that is on a public highway (this includes byways and bridleways) must be under control at all times. These dogs are clearly not under control.


**My understanding is that they are contained within their own boundary.**


You can ask your local authority to serve notice on the owners of the dog using the Environmental Protection Act 1990 (as ammended) stating that the dogs are a stautory nuisance and to oblige the owners to fence their property in such a way that their dogs can not disturb your horses even if this means that their dogs are kept well away from the bridleway.


**Would have thought this would apply to noise if resident - not just on passing.**


In the first instance report the dogs behaviour to the local police and local authority dog warden each time there is a problem and keep a record of each incident including date and time. Insist that the police give you an incident number each time you report it.


**This is NOT a criminal matter, not a matter for the Police. The dogs are fenced in and therefore not out of control or in a position to be dangerous**


if you require any further assistance then do not hesitate to contact me.

[/ QUOTE ]


**You do seem to be sure of this, however, from a CRIMINAL point of view, I cannot see any offences being committed**
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[ QUOTE ]
Any dog that is on a public highway (this includes byways and bridleways) must be under control at all times. These dogs are clearly not under control

[/ QUOTE ]

but the dogs are on private property adjacent to the bridleway, therefore not on a public highway???
 
As the owners have obviously fenced in their dogs, they are not running loose on a bridleway or public highway. The issue seems to be the narrowness of the bridleway and this is something you would have to take up with your local BHS bridleways officer. Dogs barking are just one of the everyday hazards of hacking horses nowadays. There are dogs in gardens that bark and run about when you hack past them on the road - at least on the bridleway, you don't have the traffic to contend with as well. Horses have to get used to all sorts of things - cows running about as we hack past and in this part of the world, lots of outdoor pigs. No one would expect farmers to shut up their livestock just because horseriders want to ride past them. Sorry if I sound unsympathetic - but round here it is a necessity for horses to be dog proof.
 
As a rider, I would just get on with it. You could stand and let the dogs bark away to their heart's content, and your horse will soon become used to it, and realise that the dogs won't get to him. I've ridden in various places through the years where I've had to take all sorts past barking dogs, and if you don't react, the horse soon won't. If it is too difficult to teach your horse to be calm, then go a different way.
As the owner of a dog who protects his property, I would be seriously annoyed if I was expected to do more than make sure my dog is securely fenced on his land?
I do appreciate your problem, but I don't believe for a minute you should have any legal recourse.
I'd pity the poor people in the bungalow that have to deal with passers by setting their dogs off all the time!
 
Is it where I think it is? Ricky's old owners?

If it is then you would think they would know better and actually call their dogs away.
I had a horrible incident there once on Rocky where he reared and span round....not nice
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Hiya,
we've had dog problems too, altough of a different nature. If you look at the dangerous dogs act legislation, it seems to imply that if a dog is out of control, or causes fear of attack, if behind a fence or not, there is a case to answer. There is an instance of a farmer who's dogs barked at walkers using a path adjacent to his land The dogs were behind a fence, but as there was 'fear' on the walkers part, the farmer was issued with a control order. Hope this helps, but the act is very useful to have a quick read of, as there are quite a few bits to it that surprised me!!
Apparentely a dog can be deemed to be dangerously out of control in a public place even if its inside the owners car in a carpark, as the carpark is a public place!!
H. x
 
Hiya Seahorse
Yes you are spot on, you would think they would understand. I did not know that you had had problems with Rocky there
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It is hard to explain here what the problem is, but as you know the dogs are literally at your feet in such a confined area. I am quite a confident 'hacker' but even I am worried now ..... and when they got two new puppies and the old one has 'taught' them what to do, with the owners looking on, I despaired.

I love that ride and normally ride it at least once a week, but on New Years Day I rode it twice!!! Once with the girls from the yard and I ride one of the girls old horses (he is such a lovely chap and if he was not 28ish ish I would love to have him as my own .... makes Motor sound young
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) and then again with my two.

HAPPY NEW YEAR to you and your clan and I hope to see you soon
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Thank you to everyone that has taken their time to reply to my post.

Everyones views and ideas are a great help to me and I knew I would get alot of advise from all you peeps out there

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There have been a number of situations where a bridleway passes alongside the boundary of a fenced property behind which dogs barked at the passing horses causing them to become distressed.

It is in this situation where the Enviromental Protection Act 1990 (as ammended) has been used to compel the owners to keep their dogs away from the boundary fencing.

Therefore if these dogs continue to be a nuisance to you and other riders in the area then use the act to your advantage.

Peter Natt BHS Access Officer
 
Just one other thing both the police and dog wardens will always be concerned about dogs that display an aggresive nature as next time it may have a go at a child.

As a horse rider you have every right to enjoy the use of this bridleway and if these dogs are causing you or any other rider a problem then you have every right to ask your local authority to use the Enviromental Protection Act to oblige the owner or keeper of the dogs to keep them a safe distance away from their boundary with the bridleway.
 
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