Info Please

[thumbless 0]

Got a slight problem with a farmer,

Have access to our field, to gain access to this field i have to walk drive through a padlocked gate which i have access to, then down a dirt track road to our field. the field is ours and i have a legal right to have access to our field through his land.

 

We have had alot of probs with this individual and he is the village fruitcake, as so have others.

 

On entering his field i have my dogs free, he has a stretch of woodland close to the road i use and the dogs chase the odd rabbit but as they are Border Collies its more fun and if they caught one they would not know what to do with it. They find the odd Myxi rabbit which i dispatch and feed to the ferrets.

 

He has 11 Highland cows in his field, hence the padlock on the gate.

 

Had a phone call from his lawyer today saying if he caught the dogs on his land again he would shoot them, i do not think he is bluffing.

Would it be wise to inform the police.

 

Can he do this, the dogs are under control, but if they see a rabbit they are off, do i have any options other than keep them on a lead. They dont worry his cows.

 

The Road runs along a fence which is wooded on the right hand side and his field which is un fenced is on the left hand side.

 

Can he shoot the dogs Yes/No.

 

[Guest GB HUNTER]

what i would do is keep them on a lead for now because he has told you what he is gonna do it not worth losing a dog over , then i would go to the police station and find out your rights and ask for as much help as you can explaining to them that the fruitcake is unreasonable ....

[Guest MOLLY]

I think he has a right if your dogs are off the lead and uncontrolled as yours are if they are off chasing rabbits. Your dogs should be kept on the lead at all times when on someone elses property. I would expect the same respect from somone on my land

If you have had a phone call from a solicitor then you can be 99% certain he is right, i doubt a solicitor would phone if not....call the solicitor and ask for it in writing to be certain.

MOLL.

[bullmastiff 615]

He can only shoot your dogs if they are worrying his livestock but that said, if the worst happens and he shoot's your dogs dead then it's your word against his in court and you've also lost your dogs, so either way keep em on a lead!

[thumbless 0]

Think i will keep them on the lead, its not worth the risk, they got 8 acres of their own to play with.

Ive cooled down now thanks for the prompt reply's.

He's also complaining about other issues but they get filed in the bin.

He is not getting his way, so hes off to the lawyer's he wont speak to me as he knows my views on it.

I wont give him an excuse.

[Sorley x 32]

It might just be worth running by a lawyer of your own or call the Citizens advice Bureau.

 

As far as I am aware he can only shoot your dog if he has absolute proof they are causing harm to his livestock. Chasing them may well be enough.

 

If he does shoot your dog he will need to inform the police that he has shot your dog. if he doesn't then I believe that that initself is an offence.

 

If he does shoot your dog and has no evidence that it was worrying his stock then he can be prosecuted and will almost certainly lose his gun licence.

 

Unlike cats dogs carry a lot more weight in the eyes of the law. By the same token if your cat causes a car accident you are nopt responsible but if it is your dog, then in the eyes of the law you are responsible.

 

I would suggest that if you have a good relationship with a local copper that you tell them of his threat and show to him/her that your dogs are utterly stock proof.

 

Unfortunately be right in the point of law is all very well but it will never replace a dog. So might be worth also just keeping out of his way.

 

 

I hoe this helps.

 

Good luck

[staybaytackleondig 0]

Got a slight problem with a farmer,

Have access to our field, to gain access to this field i have to walk drive through a padlocked gate which i have access to, then down a dirt track road to our field. the field is ours and i have a legal right to have access to our field through his land.

 

We have had alot of probs with this individual and he is the village fruitcake, as so have others.

 

On entering his field i have my dogs free, he has a stretch of woodland close to the road i use and the dogs chase the odd rabbit but as they are Border Collies its more fun and if they caught one they would not know what to do with it. They find the odd Myxi rabbit which i dispatch and feed to the ferrets.

 

He has 11 Highland cows in his field, hence the padlock on the gate.

 

Had a phone call from his lawyer today saying if he caught the dogs on his land again he would shoot them, i do not think he is bluffing.

Would it be wise to inform the police.

 

Can he do this, the dogs are under control, but if they see a rabbit they are off, do i have any options other than keep them on a lead. They dont worry his cows.

 

The Road runs along a fence which is wooded on the right hand side and his field which is un fenced is on the left hand side.

 

Can he shoot the dogs Yes/No.

 

Hello,

It might be worth having a chat with cunty about his Highland cattle, how well they look how nice it is to see Rare Breeds and how guttet he would be if some Nasty b*****d was to poison them i generaly find that this friendly little chat tends to make people see the loss of the odd rabbbit in a different light

YIS Gary

[thumbless 0]

The local copper lives less than half a mile from the field in question, The Scottish Electricity board are frightend of him cause he threatend them with a gun, he cut down a timber electricity pole on his land, heard a roumer that he threatend kids with a gun for being on his land, one SSEB worker was going to have a go with him and he reported him and he nearly lost his job.

Other roumer was that he shot homing pidgeons for flying over his air space.

Think he had a roll in the river with a fisherman for walking on his land next to the river.

 

So i wont give him the chance, I will keep them on the lead.

 

Edited July 13, 2006 by thumbless

[Guest Sabi]

The local copper lives less than half a mile from the field in question, The Scottish Electricity board are frightend of him cause he threatend them with a gun, he cut down a timber electricity pole on his land, heard a roumer that he threatend kids with a gun for being on his land, one SSEB worker was going to have a go with him and he reported him and he nearly lost his job.

Other roumer was that he shot homing pidgeons for flying over his air space.

Think he had a roll in the river with a fisherman for walking on his land next to the river.

 

So i wont give him the chance, I will keep them on the lead.

 

 

Good call - don't give him the chance to harm your dogs. It's all very well saying that he "can't" shoot your dogs unless he has absolute proof that they were worrying his stock but I'm afraid he can and sounds as though he will. Hope you sort it out - good luck.

[Toni_Dave_17 0]

if he wants to shoot your dog on his land, he can, but i think he can be procicuted for it...

 

and they chase rabbits then they are not under control well enough are they really? im not sayin that tohave a go, stating thats all

 

maybe if you walked them on a lead through his field then he cant do anytthing and if he shoots at u dogs, they will be at your side and that, my friend, is attempted man slaughter.....

 

so, smiles all round, he cant really do anything if you think about it...

 

BUT is there a countryside footpath goin from gate to gate??

 

Toni Dave

Edited July 13, 2006 by Toni_Dave_17

[Stabs 3]

and that, my friend, is attempted man slaughter.....

 

 

Toni Dave

 

Is there such a thing as "attempted" man slaughter?

 

Keep your dogs under control and your laughing mate

[chartpolski 23,974]

No, you can have "Manslaughter" or "Attempted Murder". As "Manslaughter" is deemed to be non- premeditated it can't , in law , be "Attempted". As far as shooting a dog is concerned, he has every right to, if they are worrying stock or damaging crops, although he sounds a right c**t, anyway. I had a dog shot many years ago by a gamekeeper. There was no stock near and the feild was ploughed. Me and my brother were charged with "Trespass in pursuit of game or coney" and GBH, 'cause we gave him a hiding. The case was thrown out of court and the'keeper was charged and found guilty of unlawfully killing a dog. A good result, but I still lost a good dog. My advice is don't give him any excuse to shoot the dog. Oh, and you could also go to the police and tell them you fear for your life as this guy seems unstable and is continually threatening to shoot YOU, Should get some reaction.

Cheers.

[Guest Bodach]

Hi,

 

For your info, case of game keeper shooting lurcher in the Highland news dated Tuesday 11 July, game keeper in court for shooting lurcher that was seen to be chasing deer, the owner was at a holiday cottage near the estate and had his two lurchers with him, they took off after a deer and only one returned, the owner had spotted the gamie out about the estate that day, he hope the dog would turn up later, which it never did, the next day he approched the keeper about his dog and the keeper admitted shooting it with a rifle in protection of his game and showed the owner were he had buried it. Dog was shoot in the head and the case has gone to court, owner claiming £850 from the keeper, will be a test case for the new game laws in Scotland? Also what will happen to the keeper for using his rifle to shoot a dog? Will post the results of the case when final outcome is known.

 

Be careful running yor dogs on keepered land!

 

Bodach

[Guest mush]

Think i would have do as staybaytackleondig said.

 

A farmer was fined down here a few years ago for shooting a dog, as he first caught the dog before shooting it. The judge said shooting should have been the farmer last resort if he couldn't stop the dog at the time worrying the live stock.

[Vermin Dropper 2]

I also like the "Little Chat" method,

 

I think I would have a chat to the local police too, file a formal complaint and give a statement, stating that he threatened you with his shotgun and although you MUST use the path to get to your field, you are reluctant to because you fear for your life! If he doesn't get prosecuted he might lose his shotgun licence,

 

(or just steal and sell all his cattle, then he has no stock to worry does he) :ph34r: