# Legal advice- dog barking.



## littlen (5 September 2013)

Hi everyone, 

I have problems with a neighbour who we have lots of issues with, she hates us but especially hates dogs and is campaigning against one of mine.

I have an old dog who never barks when someone is home.  He does however bark at the postman/delivery men etc maximum of 20mins a day total as I have recorded him and also have asked my other neighbours to listen and they have no problem.
He never barks after 4pm, never on a weekend,  never at early morning, never during the night etc. Basically he only barks when someone approaches out house however he is a GSD and I quite like having an alarm to tell me there is a stranger coming down my drive!! He does not care about being left alone at all, infact he enjoys the peace.  I have spent days in my office without going downstairs for hours and have never heard a peep- he does not know if I'm in or out so surely he would just bark?!
I also often work half days and finish at 1pm for a week every 6 weeks. Every time I finish I have to wake him up when I come in as he does not hear me??

I do the following every single day:
- radio on at all times ( I leave conservatory doors open so he can come in if he wants)
- blinds closed so he can't see the driveway.
- walked 1 hour minimum.
- checked on twice daily (my mum pops in on her way past to work and partners lunch- he is a teacher so is in an hour)
- he stays out twice weekly for the whole day (monday and friday) to minimise days left and annoyance to others. 
- he is left from the hours of 10 and 3:30 when partner gets back. He is always asleep when I leave!!
- left with kong/various other items.

I take my other dog to work with me however can't take him as he gets a sore back/legs when crated.

I have recorded him on CCTV and he barely moves. He is 11 years old and can't be bothered. He sleeps most of the day. I can't lock him in as he has arthritis and needs to be able to move around and also because he can't go more than an hour or so without weeing everywhere and he gets stressed when locked in.  In short I won't lock him in as it distresses him and I don't want his last days to be miserable.  He is a big fluffy beast who spends 99% of his time in the garden and he does not like being inside. 

However,  my neighbour cannot deal with this barking at the postman and constantly harasses me about it.
Surely as a guarding breed my dog is allowed to have a woof or two at lunchtime without it being a major issue??

I have been dealing with the council who have deemed my dog not a problem and are stating the next step is to record the noise with some recording device. I am confused how they will know this is my dog though as next door on both sides both have dogs who bark? How will it know it's my dog on the recording?

Has anyone else had a problem like this?
What are my rights, what actually is excessive barking? Is 20mins a day excessive? 
How do I prove to her that my dog is not an issue and get her to leave me alone??
What is the law on this? Can they take me to court even though I have done all I can. I got the dog 11 years ago and obviously my work pattern has changed since then!!

I understand that it's annoying for her but I have done everything I can think of to minimise the annoyance but she is just difficult. She has even shouted at me when my dog wasn't there,  blaming him when he was sick at the vets! What more can I do??

Thanks!!


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## Suelin (5 September 2013)

I was a dog warden.  Noise nuisance complaints made up a good part of my work.  Our criteria was that the noise had to be fairly constant for the council to take further action.  If your dog only has a bark at the postman/milkman etc that is acceptable as long as he doesn't carry it on for hours afterwards.  You are correct that it is a good thing that he barks at strangers.  The council I worked for took the view that listening equipment was problematic as it could not be proven to be the dog at the centre of the complaint. They could put the listening equipment inside your home but that would not be the same level of noise as someone hearing the dog from the outside.  Is your house a semi, and is your neighbour directly next to you?  If yes, them maybe the dog can be kept with a room between her and your dividing wall.  This might just be enough to settle the neighbour down.  If your council is saying that there is no noise nuisance then I don't believe that you need to worry.  The council should inform the complainant that there is no case to answer. (I always used to do this.)

I don't for one minute think, given the information you have given here, that the council will take you to court.  If I were conducting your case I would say there was no case to answer.

I used to find that in the vast majority of dog barking cases, it wasn't the dog that was actually the issue.  There was usually some other aggravation going on.  I think that you very probably have this situation with your neighbour.

You don't need to put up with the neighbour harassing you either.  It may be that a solicitors letter stating that if you have any further problem with her you will have to take the matter further.  Certainly a meeting with a solicitor might put your mind at ease and let you know what you can do to get her to "Go away"

Ask your council for something in writing to say that the dog is not a problem.  I think they should do that and then take a copy of it an stuff it through her letterbox.  Hopefully that should shut her up.

Hearing a noise doesn't necessarily make it a nuisance.  People have to live and we all hear noises throughout the day etc.  That is life.

Don't worry, you won't lose your dog and you won't get taken to court. 

I wish you luck, you seem to have the neighbour from hell.  Please PM me if you want to.


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## MyBoyChe (5 September 2013)

Not sure about the legal technicalities but my Mum had a similar issue with a neighbour a couple of years ago. Mum rehomed a little xbreed who did have separation issues and would bark if left alone.  Thing was he wasnt left very much as Mum was pretty much housebound during this time.  An hour a week whilst she was taken to Tescos, occasional doctor/clinic visits and the odd family occasion.  Mr neighbour worked nights so would complain if Sam barked at all during the day, Mrs neighbour just complained about anything, dog barking, height of Mums garden fence, they really were very difficult people.  The man from the council rang Mum and asked her a few questions, Mum asked me to speak to the council as she was really upset about it and worried Sam would be taken away from her.  I was told not to worry, from the info they had no further action would be taken, they were going to suggest the neighbour kept a noise diary and if they complained again both sides would be offered mediation.  The neighbour refused to consider mediation although Mum agreed so nothing more was ever done about it.  Doesnt sound like youre doing much wrong and I wouldnt be too worried at this stage, dogs do bark and as long as theyre not doing it non stop all day and night I dont think you would be expected to demand total silence.


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## littlen (5 September 2013)

Thank you so much for your advice. I have been stressed to pieces about it as he is 11 years old and I don't want to crate him for the last part of his life to keep her happy.
She has reported me to the council twice. I have had two separate letters from the council regarding the noise and was told to keep a diary but nobody collected it and I heard nothing since. 
A man from the council did contact me as he sat outside my house and did hear the dog barking- however as I pointed out the dog will bark as he is outside the property and the dog isn't daft!! I have driven around my house and have snuck up listening for any signs of barking but nothing. He never ever barks when someone is home.
I have another dog but he comes to work with me and again he never barks at all,  not even at the postman. He may woof in play but that's it.

My house is detached and the neighbour lives opposite myself. The dog is in the back garden however my garden does go around the side of my house, hence he will bark as the postman is walking along the side and then down the drive,  once he has been he stops. Likewise he barks at window cleaner etc but only until they are off the property.
There are many other dogs in the street, all of which bark.

I have had many issues with her as she does not work and spends her day sitting watching TV hence getting annoyed if the dog barks.  I have spoken to all the other neighbours but they all work during the day so aren't around to hear anything! 
So far I have had phone calls, Facebook messages, threats at my door, threatening the dog in the street, contacting family members at work to ask them to pass messages on etc

It's pretty exhausting!

If the council did not contact me post diary is this just that the case is closed? I don't think they contacted her but she seems to think she can take me to court to have the dog destroyed and that's what she wants??!!

Thanks again


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## Suelin (5 September 2013)

littlen said:



			If the council did not contact me post diary is this just that the case is closed? I don't think they contacted her but she seems to think she can take me to court to have the dog destroyed and that's what she wants??!!

Thanks again
		
Click to expand...

She can't do that.  Don't worry. It can take months to get a dog destroyed and that is for attacking offences.  It would take years in your kind of case.  How would your neighbour manage to fund that?  She's unemployed you say.   

I suspect that the council have closed your case but a phone call to ask wouldn't hurt to find out the state of play. How long is it since your last contact with them?  How long did the dog bark for while the council officer was outside listening? Believe me, councils get very fed up with people that complain because they have nothing else to do.

Given the level of harassment I think I would go down the solicitor route. Get some advice about what you can do to get her to stop her behaviour.  

I do feel for you I really do.


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## its_noodles (5 September 2013)

if ur council thinks its not a problem, that should be the end of the matter.
i wouldn't worry too much about it...


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