New Neighbour plans to put up two gates across right of way.

[gfiandy]

Thanks for your help. I can't really see a compromise, we have already literally pleaded with not to do this. They seem to be the its my right so I do not care what anyone thinks type. They after all moved into a barely fenced open community and the first thing they did was put up 6 foot fences. I am not keen to get into a court battle so I guess we are stuffed.

[des8]

It might not all be lost!

You mentioned the path is used by an elderly person as well as mothers with prams, and possibly toddlers(?).
Remember that a dog has to be kept under control, even whilst on private property.
It is out of control if makes someone worried it might injure them.(It is very subjective..the dog might simply approach wagging its tail to frighten some people)
A large dog could easily make someone concerned if it is running loose on land to which people have access.

Find out if any of your neighbours have concerns, and if they do tell your neighbour with the dog that if they continue with their plan and their dog subsequently frightens anyone they may be reported to the police. Penalties are quite substantial!

In other words if they are going to be awkward you either roll over, or you join in!
Don't normally suggests peeps escalate disputes with neighbours, as one can't be sure where it will end, but sometimes a stand needs to be made to force a compromise.

[gfiandy]

Thanks for the idea. Three of my neighbours have already expressed concerns about this. The dog is a large grey hound, it is not aggressive as far as I can tell but is so big my old neighbour is frighten if it went after a cat or squirrel when she opened the gate it would knock her over and two other neighbours have young children who use this path to visit their friends and they have both said their children would be frightened to enter the garden because the dog is as big as them. As one of them put it if the dog needs a 6 foot fence to contain it then it is hard to imagine my 4 foot child is safe going through.

[vuabai79]

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[des8]

Generally greyhounds are gentle creatures, but they are tall, and being hounds have a strong instinctive prey drive.
This will lead them to chasing anything that moves, if it is small enough!

I have owned about 25 salukis (persian greyhounds) over some 50 years.
Very similar in some ways to grey hounds, very gentle (even if destructive!)
However all dogs are hunters, hounds in particular and I would never trust them or leave them alone with children.
A child only needs to make a wrong move which is misinterpreted by a dog, and you have a tragedy on your hands.
Our current saluki is in fact muzzled if any of our younger grandchildren visit, because on one occasion he growled at a toddler who pulled his tail!
Never take chances

[Ukmicky]

The law says a single unlocked gate is not a substantial interference with your right of access .It becomes a bit more complicated where multiple gates have been erected though.

I’m with Des however and the loose dog is more of a concern to me . What happens if the dog gets pass the gate as your on your way through. It’s not your responsibility to ensure it remains contained in the neighbours garden .

What if it were to get out and attack someone or runs in front of a car.

[DE DOGS]

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[atticus]

Thank you, DE, most informative. I must confess that this is not an area of the law of which I have any experience in all my years as a solicitor. Sorry, I can't help.

[gfiandy]

I informally spoke to a local Solicitor, who confirmed what you suspected. Even two gates would be hard to get a practical inconvenience ruling on unless you got a sympathetic judge who valued the community aspect. However a uncontrolled dog would possibly raise the level to a practical inconvenience. She was also surprised they thought this was safe under dangerous dogs act.

I have written to them explaining this and highlighting that our old neighbour is likely to be frightened to come into contact with a greyhound as she walks through. However I have heard no reply so I suspect they will go ahead anyway.

I also walk our cat along this right of way on a lead. We had a siamese cat stolen so we are now very careful with them. I am unclear what the situation would be should the dog be out when I went to do this. Clearly I would be concerned about walking through with the cat as the dog would most likely chase it.

If anyone knows what our legal situation is in these situations which now look very likely, please let me know.