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Right of way

We are considering selling our house. Our home is the third in a terrace of 4 where we have right of way on a path which runs past all four houses. The occupants in the first house allow two dogs to roam free on the path in front of there property. The dogs are contained between two gates. 
When anyone wants to enter or leave the right of way path it is necessary to ensure the dogs don't escape. These dogs bark savagely at anyone entering the path who are not people they know.

I have approached the dog owners and explained that the path is a right of way and they should not allow dogs to be roaming free is they are a danger to visitors. Have also told them that the estate agents have advised me that because of the dogs I will find it difficult to sell.

Today a friend was visiting and when leaving the dogs were on the path again and barking savagely for several minutes before the owner came to door to get them in

Should I report this problem to the police if the dog owners continue with this behaviour?


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Comments

  • Our local residents' association chair has a good relationship with the council's dog warden; maybe you could find your nearest one to "ask for advice" rather than "reporting a problem", as you are planning to sell.  It might seems less confrontational than phoning the police.
  • Soot2006
    Soot2006 Posts: 2,184 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    The dog warden might  have a chat with him about this.
    If the dogs are roaming on a right of way and scaring people, then you can also inform the police. I am a long term dog owner and my dogs are like family. I don't allow my human family to be rude to others either!
  • GDB2222
    GDB2222 Posts: 26,549 Forumite
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    Does the dog owner own that bit of land? Or who does?
    No reliance should be placed on the above! Absolutely none, do you hear?
  • robatwork
    robatwork Posts: 7,306 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic


    Should I report this problem to the police if the dog owners continue with this behaviour?


    I wouldn't do that as you'll be obliged to report that on the declaration when you come to sell. Try to deal with it informally as much as possible but yapping or aggressive dogs are an enormous annoyance.

    I also note that GDB2222 said "bit" - I hope deliberately.
  • ProDave
    ProDave Posts: 3,785 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Combo Breaker
    Is this the only path to get to your property?  Or the back garden route only used once a week to take your bins out?
  • GDB2222
    GDB2222 Posts: 26,549 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 7 September 2021 at 6:07PM
    robatwork said:


    Should I report this problem to the police if the dog owners continue with this behaviour?


    I wouldn't do that as you'll be obliged to report that on the declaration when you come to sell. Try to deal with it informally as much as possible but yapping or aggressive dogs are an enormous annoyance.

    I also note that GDB2222 said "bit" - I hope deliberately.

    The fact there’s a ROW doesn’t mean that the land owner cannot use the land. Putting a couple of dogs out is, on the face of it, a reasonable use of the land. OTOH, it could be argued that the dogs are obstructing the ROW. You would have to look through loads of court cases to find legal decisions in similar cases. 

    If the dog owner has simply fenced off a bit of public land, that’s a different story.

    No reliance should be placed on the above! Absolutely none, do you hear?
  • Jono111
    Jono111 Posts: 150 Forumite
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    Leave the gate open
  • Slinky
    Slinky Posts: 11,270 Forumite
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  • wend33
    wend33 Posts: 75 Forumite
    Part of the Furniture 10 Posts Photogenic Combo Breaker
    GDB2222 said:
    Does the dog owner own that bit of land? Or who does?
    They probably own the land subject to the right of way.
    ;)wend
  • GDB2222
    GDB2222 Posts: 26,549 Forumite
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    wend33 said:
    GDB2222 said:
    Does the dog owner own that bit of land? Or who does?
    They probably own the land subject to the right of way.
    Probably, but the OP has not said either way. Unless the dogs are dangerous, the owner may have a perfect right to let his dogs run there. In which case, the OP needs to negotiate, rather than starting a dispute. Some of the aggressive advice on this forum can be counterproductive.
    No reliance should be placed on the above! Absolutely none, do you hear?
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