If your neighbour’s cat or dog is regularly fouling in your garden, you might be wondering what your rights are – and what you can realistically do about it. I consulted some experts to find out, and I was quite surprised
If you’re a homeowner with a garden, you’ll understand that a lot of effort goes into maintaining its appearance. It’s particularly vital to keep it looking good, especially during the summer months, when you’re using the outdoor space more often.
However, one issue that can be genuinely frustrating is when your neighbour’s pet repeatedly fouls on your lawn. Naturally the animals aren’t aware it’s inappropriate, and it can be overlooked occasionally.
But if it’s turning into a frequent problem and you’re unsure how to proceed, I consulted several legal experts – and they all offered the same guidance, which can help you to avoid a potential conflict with your neighbours.
What to do if a cat keeps pooing in your garden
Interestingly, the regulations differ for dogs and cats – meaning your rights vary too.
Jack Malnick, Founder and Managing Director at Sell House Fast, explained: “When it comes to cats, the law is different compared to dogs. Cats are not covered by any specific legislation that requires owners to keep them confined, unlike dogs, which are subject to rules under the Dangerous Dogs Act 1991.
“This means cat owners are generally not legally responsible if their cat wanders into a neighbour’s garden or enters another property, as long as the cat is not causing structural damage or health issues. However, cat owners do have a “legal duty of care” to make sure their pets’ welfare needs are met. This includes allowing cats to display normal behaviours, such as exploring and roaming.”
However, his guidance — which was what basically all the professionals suggested — is to speak with your neighbour initially before escalating matters. He said: “If a neighbour’s cat or dog is causing problems, the best first step is usually to have a calm conversation with your neighbour. They may not even realise there is an issue, and talking it through can help both sides find a simple solution and avoid rising tensions.”
What if it’s a neighbour’s dog?
If it’s a dog that’s making a mess of your garden, the situation is different. According to David Gammill, owners of dogs have more responsibility, and are more liable.
He said: “Dogs are treated differently because their owners are expected to keep them under control. If a dog leaves waste in a public or shared area covered by local rules, the person responsible for the dog will usually need to clean it up. If they fail to do this, the council may issue a fine.
“Communal gardens, shared courtyards, and paths may be covered by council, housing association, or building rules. If dog waste is regularly left in one of these spaces, you can report it to the council, landlord, housing association, or property manager.
“If a neighbour’s dog repeatedly enters your private garden, the situation may involve trespass or nuisance. If the dog damages your grass, plants, fence, or other property, you may also be able to ask the owner to pay for the damage.”
What do the professionals advise?
As mentioned earlier, the majority of experts recommended that you shouldn’t confront your neighbour aggressively. Instead, attempt to collect some evidence initially, so you can present it if needed.
Benson Varghese, a Board Certified Criminal Lawyer, observed: “The first thing that homeowners suffering from a long-lasting problem should do is to keep a journal of the situation with pictures or video evidence.
“Having an evident example of the ongoing problem will be much more effective compared to a one-off case. Usually, before any legal action is taken, mediation is the preferable way to settle a dispute, as it often proves to be quicker and cheaper.”
If talking to your neighbour is unsuccessful and you’re still experiencing the issue, the sensible next move is to send a letter. This also establishes a record demonstrating that the owner was informed about the matter, according to Everett Lupton from Slaughter & Lupton.
Following this, the local authority might investigate whether any local regulations are being violated. Everett said: “If the pet causes clear damage, the homeowner may ask the owner to cover the cost. A civil claim may also be possible when there is strong evidence and a specific financial loss.”
The experts also agreed that while pursuing your neighbour through the courts might ultimately be an option, it should be an absolute final measure, so it’s worthwhile attempting to resolve matters amicably first.
How to deter cats and dogs from your garden
Thankfully, there are numerous safe methods to discourage animals from entering your garden and causing disruption.
Peter Thum-Bonanno, Co-Founder and CTO of GetAgent, suggested motion-activated sprinklers, citrus peel and proprietary cat repellent granules, describing them as ‘all legal and widely used’.
He went on to say: “Securing boundaries where possible, checking for gaps in fencing or hedging, removes the point of entry entirely. These are not legal remedies but they solve the practical problem quickly while any formal process runs its course.”

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