Legal Advice

[Katie]

Some of you may know that I have been having problems with my neighbours (on one side - other side don't seem to have a problem) with my dogs barking.

 

For a bit of background I have 2 GSDs who will admittedly bark when people/dogs pass.

 

The initial issue was with Heid barking during the night when I was at work (I work nights) - various things were tried to stop her and a solution appears to have been found with her wearing a sonic collar during the night (not ideal but all other avenues failed). During the time it has taken to sort her problem out myself and the neighbours have regularly discussed the issue in a perfectly amicable manner, they have been very reasonable, understanding I cannot solve it overnight and given me feedback on what seemed to work and basically worked with me. Last time we spoke about it was two weeks ago - I passed Martin (next door neighbour) in the street, asked him how it was going and he assured me all was fine and he appreciated the efforts I had made to sort it out.

 

That was until tonight............

 

A couple of hours ago next door neighbours came home, I was sitting on the doorstep at the time talking to Jackie (GSDFan) - as they came in next doors dog (other side) started to bark when she heard the gate go and my two understandably joined in. At this point Martin (next door neighbour) completely lost the plot - Jackie will confirm this as I had to cut the conversation short. He appeared looming over the fence and started to literally scream abuse at me about the dogs barking and how he had come to the end of his tether with it. He was extremely aggressive to the point that Heidi, who loves people, flew at the fence barking at him, obviously disturbed by his threatening manner.

 

I put the dogs inside to save further conflict and went to find out what the problem was only to be met by a barrage of abuse and threats. Fortunately I am quite a strong person who is not easily intimidated - otherwise, as a woman on her own I would probably have been terrified.

 

Apparantly my dogs bark as early as 7.30 am amd sometimes as late as 9.30pm and this is totally unaccaptable (please bear in mind here we are talking barking for a minute or two max before I intervene and bring them in). Yes, the problem of them barking during the night is solved but this is not good enough.

 

Martin was extremely abusive and threatening and claims the problem is because I don't look after my dogs properly! He dosn't have a dog by the way and has never had one though claims to be a dog lover. Evidently I have only walked my dogs twice in the past 12 months (I walk then very early on a morning after my nightshift when they are still in bed) and because of this they are bored and not properly socialised (yes Heids has issues with other dogs caused by her previous owner but is wonderful with people - she is just a typical GSD who shouts when people pass!)

 

Martin has threatened me with the RSPCA saying he will call them and they will take my dogs away (am not worried in the slightest by this threat) and says he has been videoing my dogs barking. Am pretty sure that if he has indeed been doing so that it is illegal for him to do so without my prior knowledge - there are certainly no signs up saying he is using CCTV?

 

Eventually, after being told either I sort them out or he does (whatever that means) he was dragged inside by his wife who apologised for the fact he was so abusive as he had been drinking but explained that yes the dogs were causing them problems with their barking. She was, however, far more reasonable about it and I am quite happy to try my best to reduce the barking as much as possible (I won't eliminate it completely of course as witht he best will in the world dogs will bark from time to time).

 

When Martin and Claire bought the house they did so from Martin's brother, who is an absolute nutter, and had previously complained to Environmental Health about my dogs - they went so far as to put sound monitoring equipment into next door and monitored the noise levels for a month - the result was that the complaint was unjustified. New neighbours must surely have been aware of this before they bought the house.

 

So where do I stand? I am quite prepared to try and keep the barking to a minimum but am never going to stop it altogether (nor will I try - in a high crime rate area many houses in my street have been burgled with the exception of myself and my neighbours!). As a woman on her own do I really have to accept abuse and threats from a male neighbour? Is it legal for him to record my dogs (and therefore my property) without my permission? Should I be shaking every time my dogs bark despite the fact a previous complaint was thrown out and other neighbours have no problem?

 

Any advice would be much appreciated.

[Dog Rescue Lover]

I don't have any advice for you I'm afraid, but I just wanted to offer you a . I feel very sorry for you having to put up with that kind of abuse, drunk or not. Its bang out of order. Feel sorry for his wife too!

[Ian]

I would think the Council would only go down the same route again so if they've found the complaint unjustified once I wouldn't worry too much.

 

As for your neighbour, whether you be a lone female or male, in a relationship etc you don't have to tolerate him coming round & abusing you.

 

http://www.freelawyer.co.uk/idx/index.asp may help you with noise & threatening behaviour issues

 

I believe your neighbour is entitled to have cctv looking upon his own property but he cannot point it at yours. Ironically, if I am not mistaken, if he persists in any such behaviour you may be the one in a position to take action against him for nuiscence / harrassment on either count.

 

A solicitor or your local CAB may be able to help you further if necessary

Edited August 5, 2007 by Ian

[~Canis-Equus~]

Wot a t0sser...... did he have a bad day or summat?

 

I dont think he has a leg to stand on there really, if they arent barking during the night and if during the ady they only bark for a minute or two, tough luck on him really!

 

In dog barking cases, things that set a dog off ARE taken into account, or at least in my case they are, and my neighbour was found to be making my dogs bark on purpose.

 

The fact that a previous complaint was unfounded will go in your favour, but as these are new people they may, IF he fills out his little 'i spy on my neighbour' diary, come and record your dogs again, and will find theres nothing going on.

 

I would check with the police re the videoing, and i would check wtih the council re the complaint, adn ask if possigbly your other neighbours can complete a diary as well, so you can see how they match up....

 

Em x

[cody]

poor you I feel for you & have been going through a similar thing with my brothers dogs. Both his dogs bark when he leaves the house in the morning to go to work. He has tried most things. Eventually he put them into day care at a cost of £50 per week as the next step was for recording equipment to be put into his neighbours house He lives in a terraced house & was unsure who had reported him. When i spoke to the council on his behalf the lady on the phone said that the person who had made the complaint had also said that his dogs were never taken for a walk & that he went to the pub (what the hell going to the pub has to do with anything). I was extremely angry about this and my brother was very upset as they are walked everyday.

 

The situation made my brother very stressed & he felt as though he was being watched. He is now going to sell his house & we are having a 'granny flat' built at my house for him & his dogs. BUT the story doent end there I have new neighbours, who dont like dogs & to be honest I dont like him. They have moved in with the in laws who are going to live abroad at the end of August (the in laws are great neighbours) & I will be sorry to see them go & sorry that they have sold their house to their daughter & the person she married. He has already shouted abuse over the fence at my dogs (his poor wife told him to shut up) he was making more noise than the dogs They have also been in charge of the 2 dogs who are still living there, whilst my old neighbours have been away. I felt sorry for the dogs as all he did for 2 weeks was shout at them & shut them out & they barked none stop. Pot kettle black came to mind

 

One good thing is that I live in a semi & not linked to these people so hopefully they wont hear too much. I dont leave my dogs in the garden when we are out.

 

Sorry i have no advice for you at this stage but hope things calm down a bit. Have you contacted your local council ? are they reasonable, I kept in contact with my local council for my brother but to be honest they were not very helpful

 

Good luck & keep us updated.

[Allie No Dots]

Do you own your own home? If so there isnt much he can do except call out enviromental health again who will repeat the process of before likely with the same results. You may have a claim under the stalking laws for the cctv BUT it will not help sort out the issue with your neighbours, just inflame it. He is also likely to have a defence in that he is filming your dogs in his mind, causing a nusiance.

He may or may not have know your dogs bark on and off before he moved in, dont think that would matter either way in the grand scheme of things tho. What may be an idea would be for you to record your dogs while out, then you have a record of what and when and how long.

[Katie]

Yes I own my own home Allie - so can't be evicted anyway!

 

The way he was tonight his complaint is about the dogs barking when I am here not when I am out which he agrees is sorted. So obviously I know exactly how much the dogs bark when I am here - no more than a minute at a time to be honest as if they continue for more than a couple of woofs I shut them up. Not unreasonable in my opinion but there again I am a doggy person.......

 

For example, my neighbour on the other side has a JRT that will bark for up to 30 mins at a time when she is out at work during the day, this is my sleep time but I would not dream of causing such a fuss as he is over it even though it does get irritating.

[Allie No Dots]

Excellent. Biggest noise problems come in when you rent as many agreements cover "nusiance" If your dogs only bark on and off i wouldnt worry to much, just be seen to be discouraging it. It may be worth logging it foryour sake tho...just incase he comes round again and kicks off. That way you can call the police on him and have proof to show your dogs dont bark much

 

oh and if he has another go and not walking or whatever point out to himthe new duty of care aspect of the law. That includes allowing =an animal to exhibit normal behaviour...which includes barking imho!

Edited August 5, 2007 by A.L.L.I.E.

[chickentikka]

Call the police (on the non emergency number), tell them he is a drunk, abusive, bully and crank up the woman on her own bit. Your dogs are entitled to a few woofs - any kids in the area which are allowed to speak for only 30 seconds-and keep calling every time he acts like this. If you are sure that your dogs are not being a nuisance bang it back on him, tell the police you are being bullied every time he says anything.

[Katie]

Call the police (on the non emergency number), tell them he is a drunk, abusive, bully and crank up the woman on her own bit. Your dogs are entitled to a few woofs - any kids in the area which are allowed to speak for only 30 seconds-and keep calling every time he acts like this. If you are sure that your dogs are not being a nuisance bang it back on him, tell the police you are being bullied every time he says anything.

 

I fully intend to call the police tomorrow, explain the situation and ask for advice and will certainly play on the scared woman on her own side....... Will simply ask them for advice on what to do if it happens again, fortunately I am not easily intimidated but that is not the point, abusive, threatening behaviour is out of order. To be honest he was that bad that I did feel a bit nervy, and I dare not even mention tonight's events to most of the people I know as I know exactly how they would react to a p*****d up bully abusing me like that.

 

I also intend to call the dog warden and ask for advice.

[GSDFan]

Well, having discussed this at length on the phone, there isn't much I can add to what I've already said to you.

 

I heard the start of him kicking off and wondered what the feck was happening.

 

 

I definately think you should give the police a ring and ask for their advice on what you can do if it happens again.

 

I've spent enough time either at your house or on the phone to know that Heidi and Logan don't make an unreasonable amount of noise at any time.

 

I've been looking at laws covering stuff like CCTV and it seems it is a bit of a grey area. Commercial premised are covered by different laws to individuals.

 

I daren't tell Pete otherwise he'll thump the neighbour next time we visit

[kirisox]

When we (EHOs) decide to use the sound recording equipment we are governed by the Regulation of Investigatory Powers Act 2000which from a quick look at part ii of the act your neighbour would also be governed by if he is surveilling you on CCTV.

Please be aware that even though the EH dept may not be able to take action (as it is unlikely to be a statutory nuisance), he is entitled to take his case and any evidence to a civil court without any help from EHOs at all.

He is treading a fine line with harrassing you, this often happens in neighbour disputes - the 'aggrieved' person ends up being the aggravator....

[yena]

Not able to offer advice but just want to give 's. Since we got Tillee a few months back, we too have had problems with the dogs barking on a evening. I started using a water spray on Sunday evening last week, and the difference is amazing. I never would of believed anything could work so fast, mind you if somebody sprayed water in my face to shut me up, they'd only have to do it once.

[Laurel n Hardy]

good luck hope this can be resolved amicably

 

you have plenty of support here and there are things you can do, police, CAB etc.