What rights does an owner have when it comes to their pest cat?

Question

My cat has an issue with our neighbour's cat. He keeps attacking her and waits for her outside her cat flap and then attacks her. We have now made an arrangement that he only goes out at night and our neighbour is responsible to ensure their cat is in and their door is shut so our cat can't terrorise theirs.

Now a couple of times our cat has got in and the neighbour has complained (But he has only gained access through them leaving their back door off the hinges etc)

He now threatens to shoot our cat so what rights do I have? In a court of law would it be seen that they are wild animals and therefore we need NOT be putting ourselves out like we have been and that he has no rights to be physical with our cat when we have a reasonable structure in place which would be successful as long as they stick to the regime? Before anyone asks, yes he HAS been done.

Answer 1

I believe that a property owner has the right to discourage unwanted animals from access to their property in any manner that is legal in the area.  It is your responsibility to control your animal according to the law.  I'm in no way defending the neighbor that wants to shoot your cat but rather offering you some practical advice. My cat goes into a neighbor's garden. I apologized & told him I'd try to keep it out but luckily, he was okay with it saying it would keep mice & snakes away.

Answer 2

Sorry to hear that, it all sounds very unfair to me.

I think you have done everything you can by only letting your cat out at night. Short of making your cat 'housebound', (which is totally unacceptable), what else can you do?

I think it is probably illegal to threaten to shoot a pet animal unless he is a farmer and the animal is 'worrying sheep' eg.. If he holds an unlicensed firearm, then that's a defo a matter for the police.

If I were you, I think I would seek 'advice' from the police. They might just send someone to politely explain to him his responsibilities as a good nieghbour.

Answer 3

Well if the cat goes on there land they do unfortunately have the right too shoot it. That's why you should keep your cat indoors. There is no reason to let you cat outside. To many ways for it to get hurt.

Answer 4

Check the leash laws in your state.  Leash laws can pertain to cats as well as dogs.  So both of you could be breaking the law by allowing your cats to roam freely.

I think if I was you I'd worry less about trying to force my cats right to roam on my neighbors, and worry more about keeping my cat safe and keep it home, inside, build it an enclosed cat porch and get it off the street before something happens.

In most states animals are still held under property laws and if there is no ASPCA that investigates animal complaints then it's up to the sheriff or police department.

In our area the police have far more important things to do with their time than worry about neighbors "cat calls".  Unless it turns into a back alley brawl between you and the neighbors and then both your cats will probably be picked up and you and your neighbors will both face a judge.

Answer 5

I know in TN, if you live within city limits your pet (cat or dog) must be contained, either by leash or fence, at all times.  If your animal goes onto another person's property and is harassing their animal, you are at fault.  Living out of city limits (county), I think it only applies if the animal is harassing a human.

Answer 6

Ah, the tricky question of cats.

In law your cat is your property, his cat is his property, they are classed as feral, not wild animals.

If he shoots your cat, he will be done for animal abuse and criminal damage, (bizarre, but true). If he has a gun it is premeditated.

However,if he hits your cat with whatever is at hand whilst your cat is attacking his, that's reasonable force. A spade for instance.

The legality of your agreement isn't binding, cats are classed feral and neither party can guarantee the cat will abide by the rules.

Likewise if your cat damages his cat you can't be held liable, but if he damages your cat whilst it is damaging his neither can he.

Magistrates if it got that far would chuck the case out unless he is in the back garden brandishing a gun.

He could just let your cat come in and shut the door behind it, the problem will never be seen again.

Cat behaviour; your cat is trying to oust the female because it wants to move into that cats house.

Answer 7

In the UK, cats cannot be guilty of trespass because they have a legal right to roam freely.  They are classed as being the property of the owner, so it's an offence under the Criminal Damage Act of 1971 to kill or injure a cat that belongs to someone.

See the links below for further information on UK legislation regarding cats.

http://www.cats.org.uk/catcare/leaflets/...

http://messybeast.com/retro-legal.htm

I think you have been reasonable in trying to reach an amicable compromise with your neighbour, but they really should be honouring their side of the bargain by making sure their doors and windows are closed at night.  Perhaps you should buy them a water pistol and suggest they use that to deter your cat when he enters their home.   It might also be worth having a chat with either local police or Cats Protection for their advice on how to resolve the situation without further conflict. (They may be willing to act as mediators and help ensure that any agreement is enforced).

Hope everything works out for the best.  Good luck.

Answer 8

Depends on where you live.

I would make sure to neuter your cat... he has some territory issues.

I would call the local SPCA or animal dept in your area and ask what the laws are for your area.

Also you can see if you can work TOGETHER with your neighbor on something that would teach your cat a lesson when he is in thier area.

You might  give your neighbor permission to soak your cat ...

which should teach him a lesson! (but NOT shoot him)

Your neighbor has to realize this is what cats do.

My neighbor FEMALE cat is the same way... and my male cat won't even go into thier yard.

What I think will help the most is NEUTERING him!

good luck