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Neighbours Dogs and Shared Fence

  • 18-04-2014 06:01PM
    #1
    Registered Users, Registered Users 2 Posts: 21


    Looking for some advice on a situation please. I bought my house roughly 7 years ago. I share a wooden panel fence on all 3 sides of my garden. No issues with any of the neighbours until about 2 years ago. A man and woman moved in the house directly behind mine. Over time they got a pretty annoying dog with a habit of randomly charging the garden fence and being rather aggressive doing so. I myself own a dog since we moved in the house too and it may be partly the reason the neighbours dog is so eager to shred the fence. My dog generally retaliates but never instigates the aggro. I've watched their dog do this even when my dog wasn't even in the yard. I've also watched the owners in their yard and not even react to their dogs behaviour. The dog also slams the fence if it hears my kids in the yard or on the trampoline. Needless to say I've had some choice exchanges across the fence with the man that owns this nuisance. He claims "there's two of them in it" (dogs that is). Not the best guy to have a sensible argument with. So basically his dog continues this every day. Just to emphasise the owners stupidity he went and got a second dog which partakes in the same racket 3/4 times a day whether or not my dog is in the yard. The outcome of this is one of the fence panels is now chewed through. The issue I have is I don't even know if this guy owns or rents the house or his name. I thought about sending a summons to appear in small claims court for damages but I guess I'd need to have some info on the owner/tenant first. After a pretty heated argument with this fool some time ago, as some sort of twisted "show of force" on his part his partner decided to hang his Garda Jacket on the clothes line. Probably no point dragging the law into it then :-/ Pretty pissed off with the situation. At the end of the day it's my property being damaged albeit a shared fence. If I was a farmer I'm sure I could've blasted his dogs away legally long ago (not that I'm not tempted still) but in a small urban estate it would probably be seen as unreasonable. Any advice welcome. Thanks in advance.


Comments

  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Take photos of the damage and the offending dogs.

    Ask a solicitor to help you to get the papers ready for a small claims court action.

    Courts.ie seems to be down at the moment so I can't put up a link to the section which deals with minor damage in the small claims court.


  • Registered Users, Registered Users 2 Posts: 21 Xbox Martyr


    Take photos of the damage and the offending dogs.

    Ask a solicitor to help you to get the papers ready for a small claims court action.

    Courts.ie seems to be down at the moment so I can't put up a link to the section which deals with minor damage in the small claims court.

    Cheers Mustard.

    One issue I'd probably have is there's damage now on both sides of the fence because as I said my mutt does retaliate. But I do get him away from there when I can. He's an inside dog so he's usually only out when someone's home here. I'd probably need to video the scenario for the courts. I could leave my dog out all day and he won't go near the fence and then bang. All hell kicks off. My kids have been knocked over in the crossfire. It's gone beyond a joke. Jesus if your man would only let a roar at his own dogs it might help. But he'll stand in the kitchen like a ****in idiot and say nothing.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    One issue I'd probably have is there's damage now on both sides of the fence because as I said my mutt does retaliate. But I do get him away from there when I can.

    That puts a different light on things entirely.

    Whether or not he is provoked by other dogs, your dog is also damaging the party fence?


  • Registered Users, Registered Users 2 Posts: 21 Xbox Martyr


    That puts a different light on things entirely.

    Whether or not he is provoked by other dogs, your dog is also damaging the party fence?

    That's true. On a much smaller scale no doubt. I can only imagine what the far side of the fence is like. But on the other hand his dogs have shown aggression towards my kids. At some stage his dogs are going to end up in my yard. Which I'm almost looking forward to at this stage because if my dog doesn't kill them I will. The owner is aware of their aggression and is doing nothing to prevent it. The problem could be solved a few ways.

    1: SPCA remove dogs from reckless/careless owners.

    2: Wooden panels replaced with concrete slab panels. At least his dogs wouldn't be able to access my yard. But why should I pick up the tab for irresponsible idiot owner.

    3: Wait for dogs to gain access and deal with them conclusively.

    But I guess the law would need to notified in advance in any case. Then again the guy is a local Garda and they have a habit of looking after their own.


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    But I guess the law would need to notified in advance in any case.
    I'd think long and hard on that. It establishes intent.


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  • Registered Users, Registered Users 2 Posts: 21 Xbox Martyr


    No Pants wrote: »
    I'd think long and hard on that. It establishes intent.

    That's true too. In order to start any case for small claims court would I need to report the problem to the law first though?


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    That's true too. In order to start any case for small claims court would I need to report the problem to the law first though?
    There's a difference between criminal and civil. For both, as the thread already mentions, the responsibility for the damage is now less clear as you admit that your own dog also participates.

    I would simply rebuild the fence, higher and stronger this time. Is there anything that could be painted or sprayed on the fence to discourage the dogs? I'm not talking about poisoning them, more something similar to citrus for cats.


  • Registered Users, Registered Users 2 Posts: 21 Xbox Martyr


    No Pants wrote: »
    There's a difference between criminal and civil. For both, as the thread already mentions, the responsibility for the damage is now less clear as you admit that your own dog also participates.

    I would simply rebuild the fence, higher and stronger this time. Is there anything that could be painted or sprayed on the fence to discourage the dogs? I'm not talking about poisoning them, more something similar to citrus for cats.

    But in the years prior to this numpty moving in my dog hadn't damaged it. If the neighbours controlled their animals I wouldn't be having the issue to begin with. I just call my dog and he comes away from the fence. My side is scratched, their side is chewed through. At least they might learn a lesson if they had to pay for the damage/replacement. Neighbours on both sides of my house have dogs and there's no issues with them at all.


  • Closed Accounts Posts: 3,009 ✭✭✭sopretty


    I don't know how you'd fare out with this at all. Effectively, the damage caused on your side, is caused by your dog. The damage caused on his side, is caused by his dog(s).

    Given the hanging of the Garda coat on the washing line, I'm afraid you might know what sort of a client you're dealing with.


  • Registered Users, Registered Users 2 Posts: 21 Xbox Martyr


    I was thinking along the same lines. Just would hate to be out of pocket because of this clown. If and when his dogs gain access I'll deal with them.


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  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    I was thinking along the same lines. Just would hate to be out of pocket because of this clown. If and when his dogs gain access I'll deal with them.

    Careful now. Going to shoot his dog, or what?


  • Registered Users, Registered Users 2 Posts: 21 Xbox Martyr


    nuac wrote: »
    Careful now. Going to shoot his dog, or what?

    Ha. Shouldn't come to that. I forgot to mention his dogs are a springer spaniel and terrier type. Mines a Rotty Cross.


  • Closed Accounts Posts: 1,014 ✭✭✭Maphisto


    But in the years prior to this numpty moving in my dog hadn't damaged it. If the neighbours controlled their animals I wouldn't be having the issue to begin with. I just call my dog and he comes away from the fence. My side is scratched, their side is chewed through. At least they might learn a lesson if they had to pay for the damage/replacement. Neighbours on both sides of my house have dogs and there's no issues with them at all.

    My €0.02.
    You will go on the lawyers Christmas Card list if you take this to court because they will be the only ones better off.

    Why not simply rebuild any broken parts of the fence with metal mesh. The dogs wont get through it. Put some citrus down the bottom and you're sorted.

    "Dealing with the dog" just because it got into your garden will be problematic unless there are sheep in your garden.

    Good Luck


  • Registered Users, Registered Users 2 Posts: 21 Xbox Martyr


    Maphisto wrote: »
    My €0.02.
    You will go on the lawyers Christmas Card list if you take this to court because they will be the only ones better off.

    Why not simply rebuild any broken parts of the fence with metal mesh. The dogs wont get through it. Put some citrus down the bottom and you're sorted.

    "Dealing with the dog" just because it got into your garden will be problematic unless there are sheep in your garden.

    Good Luck

    I mentioned the dogs have been aggressive towards my kids too. If their owner gave a "continental" and dealt with them there wouldn't be a problem. Assuming they got in my yard when my kids and dog are there the situation could get very messy very quick. If my kids were to get injured because of his stupidity it'd take more than his Garda jacket to save the pr**k.


  • Registered Users, Registered Users 2 Posts: 2,342 ✭✭✭seagull


    First step is to determine whether they own or are renting. If they are renting, you can then complain to the landlord about their behaviour.


  • Registered Users, Registered Users 2 Posts: 1,989 ✭✭✭kravmaga


    @ O.P.

    Have read your situation.

    Not sure if you are in Dublin or down the country.

    Maybe inform the local dog warden in SPCA and ask his opinion also.

    As another poster said one solution is to place wire meshing instead of the current fence or even build a wall?.

    Do not enter into any further conversation with the opposing neighbour, he is obviously not the type who is open to resolving the issue or just does not care.

    Check with P.R.T.B to see if the property is rented out, they have a Excel spreadsheet on their website or you can check the voters register with local council by typing in the address.

    Don't be concerned just because he is a Garda, you can report him to his Superintendent or make a complaint to G.S.O.C. if he has threatened you in any way.

    I would buy a covert C.C.T.V. camera to record the behaviour of his dogs and then report/ show local dog warden in DSPCA or SPCA. Maybe a case for animal cruelty or neglect.

    http://www.dspca.ie/fightagainstcruelty

    Hope this helps OP.


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