A neighbor's cat turned our garden into a toilet. We have a futile fight with him

A neighbor's cat turned our garden into a toilet. We have a futile fight with him

We have been fighting the cat for more than a year and taking various measures - we have blocked the access roads with corrugated PVC boards, placed and tied blackberry rods on the fence.

We place wire mesh or blackberry rods on the cat's favorite flower beds. There are sometimes tufts of fur on the thorns of blackberries, which are proof of its presence in our garden.

In places where this is possible, we gradually create an area of ​​boulders, which we collect wherever they occur and transport them to our garden. Pour pepper or chilli in front of the fence.

However, it is in vain, it is in vain. The cat is shapely, beautiful, bred and the owners love him so much. We want to reach our neighbors, but we are still hesitant. I ask for advice on how to go tactfully and not offend.

Two experts who deal with this issue answered the reader's question:

Tereza Vrzáková, RE / MAX G8 Reality broker

The issue of animals is a common phenomenon in neighborly relations. I understand the awkward situation and I would definitely choose to inform the cat's owners first of the problem they are causing. It is necessary to inform them that his behavior bothers the interviewer and bothers her family.

If the owner is a reasonable person, he will certainly understand it and do his best to correct it. I would first choose the neighborhood form, an invitation to a coffee, a glass of wine or a barbecue, where I would present the theme in a good and friendly atmosphere. For example, the owner has no idea about the problem that his cat is causing. It is also worth mentioning the possible fear of diseases transmitted by cat excrement.

If he had his back to the issue and did not intend to address anything, I would certainly choose a warning in writing with a request for redress, such as adjusting the fence or restricting the movement of the animal or setting up a cat toilet at their property.

It may also help to talk about the dangers lurking on the protected area on the protected land. It is possible that such arguments will affect the neighbors better than describing the interviewer's problems.

If the neighbor did not react in this way, I would file a complaint with the relevant municipal authority or the city police. This is an infringement or restriction of the right of ownership, so it is possible to resolve this matter in court.

The question is whether the cat's behavior can be considered a threat or damage to property, or both. I definitely recommend resolving the neighborhood agreement first, which will not disrupt relations in the future. Good luck.

Michael Dub, lawyer

The story of the cat will certainly not be a unique story and at the same time it is a typical example of a life situation in which it is appropriate to carefully consider the extent to which it is appropriate to approach a legal solution.

According to legal theory, this is a clear violation of the law, but the derivation of appropriate legal consequences can cause an irreversible deterioration of neighborly relations and embark on a path of endless escalation of mutual accusations and legal struggles.

The neighbor's dog is howling all the time

Suffering has lasted for five years

I live in an apartment building in Karviná. A neighbor who is rented here is raising a dog. After her departure from work, he constantly howls, the reader writes in the series Neighborhood Wars.

I definitely recommend exhausting all illegal solutions, and if the interviewer states that she has not even contacted the neighbors yet, I should immediately contact the neighbors with this problem.

The currently effective Civil Code, ie Act No. 89/2012 Coll., As amended, addresses this issue mainly in the provisions of §1013 et seq., Which deal with the restriction of property rights, ie such interventions that limit the exercise of this right, make it difficult or otherwise cancels.

Therefore, if in this case the cat's problem could not be solved without the help of the law, it is undoubtedly appropriate to warn the neighbors that they are breaking the law and that the violation is causing damage to the interviewer. The provisions of § 1013 para.

Sousedův kocour si z naší zahrady udělal záchod. Svádíme s ním marný boj

At this point, it is necessary to mention the problem of evidence, because if legal theory is to be applicable in practice, there must first be provable assumptions on which the legal norm is based. The interviewer talks about fairly clear evidence of the cat's repeated presence, but especially with regard to possible future legal disputes, it is appropriate to patiently and carefully gather evidence that this particular animal is indeed a long-term and serious violation of property rights.

Anything can serve as evidence, from photographs to testimonies of witnesses, however, so-called objective evidence (photographs, fur samples, etc.) will always take precedence over subjective ones (witnesses). To confirm the long-term disruption, I recommend dating the photos and, if necessary, recording an overview of individual visits with the negative consequences of the described behavior of the cat.

If even a well-intentioned warning of the neighbors about the violation of the law described above does not bring the desired remedy, it is appropriate to consider the extent to which it is possible to resolve the matter using self-help, ie law enforcement on their own in accordance with §14 of the Civil Code.

The interviewer mentions some (unsuccessful) efforts to prevent the animal from penetrating the land, which is certainly not a bad start, but it is certainly possible to consider a more consistent defense. Undoubtedly, it is possible, for example, to temporarily place a dog or cat on a protected land by driving it away by other means appropriate to the conditions, ie especially with regard to the nature of the surrounding buildings and the intensity of pollution of the protected land.

The legal evaluation of a cat's possible intention to capture is problematic. The Civil Code is somewhat ambiguous in this respect, when on the one hand it allows, resp. it even imposes an obligation to actively prevent damage, but on the other hand it does not provide the possibility of capturing the animal on a flat-rate basis. If it were a lion, legal analysis would undoubtedly be much simpler.

Neighbors started raising pigs

The horrible smell is hell

Neighbors from the next row keep chickens, rabbits and at the beginning of August they brought a pig. They placed a sty a few meters from my house. The pig is screaming, grunting and smelling terribly. It is not possible to ventilate or sit in the garden, Eva complains in a post that we included in the series Neighborhood Wars.

Nevertheless, I would not rule out the possibility of capturing the animal, but its method must be strictly ensured so that the animal is not injured, and if the capture is successful, it is necessary to immediately notify the owner and negotiate with him about the conditions of returning the animal. I mean the possibility of making the return conditional on the removal of the last pollution or other negative consequences demonstrably caused by such a captured cat.

The possibility of exercising the right of retention in a reasonable manner in order to ensure compensation is generally permissible, however, its application to live animals is not specified, so I consider it to be at least problematic. Given that this is a matter on the very edge of the law, it is worth recalling the general requirement to always act in accordance with good morals.

Although I talk above about the occurrence of damage and the possibilities and obligations to prevent its occurrence, this argument can be a bit difficult in practice in the case of a cat, although the damage undoubtedly arises in the form of cleaning costs or repair costs of damaged lawns, etc., however, determining its amount is problematic, as the remediation of individual pollution will probably be negligible.

The theoretical risk of toxoplasmosis transmission may not help to prevent damage, as this cannot be considered as an immediate threat of damage, but only as a potential risk, and even the largest male domestic cat or similar species cannot be considered a generally dangerous animal.

I must completely rule out the possibility of a defense in which the animal is injured or even killed. Such conduct is certainly excessive in relation to the resulting damage and not only would it not enjoy legal protection, ie the offender would be liable for such damage, it would undoubtedly violate the relevant provisions of Act 246/1992 Coll. to protect animals against cruelty, and thus committing an offense, and if killed in a torturous manner, such as an attack by a dog, the criminal offense of cruelty to animals within the meaning of § 302 para. 1, 2 of the Criminal Code may also be fulfilled.

On the contrary, I draw attention to the owner's right to prosecute this animal on foreign land (§ 1014 para. 1 of the Civil Code), which, however, gives a unique opportunity to contact the cat owner with each recorded intrusion into the protected land and call on him to prevent further pollution.

Send a story

Send us your fight with the neighbors to the address: bydleni@idnes.cz under the name Neighboring Wars. We will publish interesting texts and bring their solutions.

Lastly, let us mention the possibility of bringing an action, described by legal theory as negative or negative, ie filed in defense against unauthorized interference with the right to property.

The action will seek to impose an obligation on the neighbor to "refrain from disturbing the intrusion of animals into the applicant's land". Prerequisite for success is the demonstration of repeated intrusion (mere single intrusion) of the animal is not enough, and if a judgment imposing such an obligation is issued, it can be enforced by repeated imposition of fines on the state, but should lead the neighbor to take appropriate measures to such interference. prevents.

I do not intentionally accentuate the possibility of claiming damages, as I am aware of the problematic possibility of quantifying it. However, even such a procedure is not ruled out, and there is undoubtedly nothing to prevent the interviewer from notifying the neighbor of the damage and asking for redress. However, I would really consider bringing an action for damages.

Theoretically, nothing prevents asking the police or the city police for help with reference to the provisions of § 27 par. b) and § 27 par. 1 let. b) of the Act on the Protection of Animals against Cruelty, which punishes as a misdemeanor the actions of a person who does not take measures against the escape of pets.

However, given the natural behavior of cats, the question is whether this is an offense. It will be more of a psychological effect, as it is generally not for the police to resolve neighborhood disputes. In any case, I will wish the interviewer to be able to resolve this issue without significantly disrupting the neighborly relations that are not usually beneficial to bringing an action.

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