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Topic: Leash Laws/ Protecting my Cat  (Read 2844 times)

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Leash Laws/ Protecting my Cat
« on: January 27, 2012, 12:24:07 PM »
I've lived in the UK now for a year and a half.  I brought my 2 kitties over from the US and my British husband has an indoor/outdoor kitty.  We live on a road that literally only has 5 houses on it for a stretch of a mile or so.  Our house has a vast expanse of farm field on one side and a historic site on the other side that is only open to visitors once a month.  Last year, the caretaker of the historic site was walking his two sight hounds off leash, one crawled through our considerable hawthorn hedge, ran across our 60 meter yard, and entered our home.  This dog, immediately went for our house cat and tried to attack it.  I ran in, grabbed it by the leash and dragged it out. 

I am livid, but because our one cat is outside everyday, I did not complain.  I thought of all of the vicious things that he could do to our poor kitty as it travels around the grounds. 

The owner of these dogs claimed to have secured his garden, but how am I to know that?  Also, he has made a complete nuisance of himself.  Last year, out of 365 days we did one week worth of clearing and landscaping which required the burning of our brush.  Every time I see this caretaker, he complains about it and how his dogs suffered. 

This week, he had a portion of our tree cut off that was slightly hanging over his wall and did not feel it necessary to even let us know.  When I went over to ask why he didn't write a letter, he replied, "wouldn't it have been nice if you had written one to me about your fires."

The man just acts bitter and nasty making these sort of jabs at us whenever he can. 

What I need to know is, what are my rights concerning the fact that his dog entered our home?  Is he allowed to have dogs off leash on the farmers field next to our home? 

I don't want an all out war with this man, so anything that I do, I'd like to do quietly while still ensuring that our cats are safe both in our home and out.  Are cats protected in the UK, I have read that they are protected from the actions of humans, but surely mismanaging and not controlling a sight hound that you know is aggressive toward cats is negligence. 

I'm just very upset about this situation.  I was the mommy of a lovely Great Dane for 8 1/2 years and I never, never, never let her off leash in areas that were not fully enclosed and I had total control over her behavior from proper training. 

I have written to the RSPCA for advice, but haven't heard back.  I have also read this site and advice from many others.  What do you all think?

Thanks for reading!


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Re: Leash Laws/ Protecting my Cat
« Reply #1 on: January 27, 2012, 02:47:21 PM »
You are supposed to have your dog under control in a public place, but that includes vocie control.  If a dog is found to be dangerously out of control it can be confiscated, but I don't think this would count.

Some areas have signs where the dogs must be leashed, like public parks.  I think some farmers, if there is a public right of way on the land, can have special protection in place during lambing/calving season.

http://www.thekennelclub.org.uk/download/9308/law.pdf

He can cut down any part of a tree/hedge that overhangs his property.


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Re: Leash Laws/ Protecting my Cat
« Reply #2 on: January 27, 2012, 03:23:29 PM »
I am aware that he can cut down overhanging branches.  That isn't the issue.  It's a simple matter of courtesy.  99% of that tree is on our land.  I have no idea who he chose to cut it, if they are licensed, insured, or if they have any clue what they are doing.  You don't just go chopping on your neighbors trees without saying anything.  The branch in question went through our cable wires and required a chain saw.  A novice could have injured themselves on our property.  Clearly I wanted to know what was happening.  In addition, they cut beyond the property line......that is not legal. 

His dog was not under leash command or any other form of control.  The dog viciously went after our cat and then entered our home in an attempt to kill him.  At the point that it happened he was yelling at his dog to come back, but the dog completely ignored him, covering over 100 meters to get into our home from the field. 

Defra says that such an incident clearly puts the owner in the wrong.  The problem is that proving it is an annoying mess. 

So the man is is the wrong, what I want to know is if cats are at all protected.  It's absolutely ridiculous that if a person kills a cat, they are prosecuted, but if someone's dog does it's just a matter of the dog warden telling them they were naughty.  The Dangerous Dogs Act of 1861/71 is antiquated and insufficient at protecting our pets.  It really only seems to pertain to humans.  The amendments made to it in 1991 were pretty much meant to just control dangerous breeds.

It makes me sick.


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Re: Leash Laws/ Protecting my Cat
« Reply #3 on: January 27, 2012, 03:49:28 PM »
Oh well, sorry. 

I can understand wanting to know, but unless the person was actually on your land I don't think he needs to tell you, just like you didn't need to tell him about the bonfire.

It would be nice and all, but not required by law. 

I would think the dog going in your house might be an issue, but as for a dog killing a cat in general, well sadly it is what sometimes dogs do.  Just like sometimes cats kill songbirds and small animals.

http://www.adviceguide.org.uk/scotland/your_family/home_and_neighbourhood_index_scotland/animals_and_pets_scotland.htm

Maybe something on there will help?


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Re: Leash Laws/ Protecting my Cat
« Reply #4 on: January 27, 2012, 04:47:59 PM »
I understand that you were scared by what happened, but it was quite a while ago. Have you had any problems since? Other than the neighbour being cranky? Maybe he really did secure his property?

 If you want to know if your property is 100% secure though, I suppose you could put up a fence.


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Re: Leash Laws/ Protecting my Cat
« Reply #5 on: January 27, 2012, 07:55:45 PM »
"Successful claims can be brought against dog owners who can be proven legally liable for the injury, illness or death of a third party occurring as a result of an incident in which the animal is involved."

http://www.petplan.co.uk/thirdpartyliability/default.asp

In law, dog owners are responsible for their pets. Cat owners aren't - cats are considered to have free will and not be controllable. So if the dog caused any damage, he's liable.


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Re: Leash Laws/ Protecting my Cat
« Reply #6 on: January 27, 2012, 08:07:04 PM »
Yes, if the dog killed a person, not if the dog killed a cat.  The owner might be responsible though if it showed a pattern of not having the dog under control.


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Re: Leash Laws/ Protecting my Cat
« Reply #7 on: January 27, 2012, 10:03:12 PM »
Yes, he was on my property when he cut the tree, which is not legal.  In addition to that, he cut it over the property line, which also, is not legal.

In terms of the incident with his dogs being a long time ago, it doesn't really have much bearing.  He still allows his dogs to run off leash, and as thrilled as I am to have to spend thousands of pounds to build a fence around my property, I don't really think it is fair that someone's dog, that they know is vicious towards other animals, should be allowed off leash. 

Is it legal to dog fight in the UK?  Because by the logic I've seen used in the Dangerous Dogs Act, it only really "counts" if a human is injured. 

I guess on that note, I will leave the discussion.  I've only really found out things that I already know from Defra and the RSPCA.  I heard back from them today and they basically told me that all I can do if it happens again is get a solicitor and take it to court to have his dogs ordered to be on a leash at all times...so more expense for me, so a man can have a vicious uncontrollable sight hound off leash. 

I still don't think that it's fair that dogs should be able to run off leash.  I absolutely love dogs, and used to have a Great Dane, but I would never just allow her off leash out of courtesy for all those who choose not to have dogs, yet still enjoy walks and visits to the park without stress.  I've seen several people on this forum upset by their own leashed dogs being attacked and injured by unleashed dogs.  It's just not a safe practice.....and it's especially ridiculous to sit and wait until something absolutely terrifying happens before it is changed, like a child is killed.  I get it that my cat doesn't matter, and hey, I suppose all of the 3.3million pounds worth of NHS money spent on the some 5000 hospital admissions a year for dog attacks is a price people are willing to pay so their dogs can run free. 

Read and learn more here: 

http://www.defra.gov.uk/wildlife-pets/pets/dangerous/ [nofollow]

I'm sure the figures have risen since 2008 and 2009



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