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07 Jun 2008 12:00 AM by deniseatnycs Star rating in Sol Golf Nr Villamar.... 136 posts Send private message

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Hoping for some help on this one.  Does anyone know if there is a law in Spain on the control of domestic cats!  Yes I know, but I have been asked as one neighbour wants to take another neighbour to court because his cats go in his garden.  I have told him not to waste his money on solicitors as it will get him nowhere but am just curious if I am right or not.

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Denise



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07 Jun 2008 10:05 AM by morerosado Star rating. 6927 posts Send private message

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 This should be interesting, Denise !!!!!!

Why doesn't the offended neighbour just buy products to deter cats from his garden. 

Interesting that you say it's a male neighbour who's annoyed enough to sue the cats owner as us woman have other much more interesting things to occupy our minds, don't we ?

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07 Jun 2008 10:16 AM by deniseatnycs Star rating in Sol Golf Nr Villamar.... 136 posts Send private message

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Funny you should say that I say more or less the same to him myself!
The problem is that his garden was not landscaped for two years and the ferel cats marked it out as a toilet.  His neigbour, as do I and most of the residents here have domestic cats.  On the whole these use litter trays but they do all wander in his garden and other gardens.  Because the ferals are still using his garden as a toilet he is blaming his neighbours cats and threatens to sue them now.  He does not think he should `pay for anything to stop this and as the problem is feral cats I as President have said that we can use Community money to do this and basically just want them to stop falling out.  He still says he can get something done legally although I have told him he will be wasting his money which is why I posted the question.

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07 Jun 2008 10:27 AM by morerosado Star rating. 6927 posts Send private message

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Denise, I wonder what  your administrator would say ? Would he know if suing is feasible ? 

Good luck with it all.

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07 Jun 2008 3:25 PM by deniseatnycs Star rating in Sol Golf Nr Villamar.... 136 posts Send private message

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Denise, I wonder what  your administrator would say ? Would he know if suing is feasible ? 

As luck would have it he is a she!  I have spoken to her about it and as she says it is a difficult one and until it goes any further she does not know, oh well a good start to the summer season if nothing else!

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Denise



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07 Jun 2008 5:18 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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I honestly don't know the answer to this, but I would hazard a guess that owners of domestic animals are probably legally responsible if their charges cause damage or distress to third parties. But I would also think that trying to bring a lawsuit against the owner of one particular cat would be rather futile, since surely he would have to bring proof to court that it is this cat, and not any of the ferals, that is decorating his garden?

Having said that, these days common sense rarely prevails. Only this morning I heard of a case where a prospective tennant of a private villa for rent, while being shown around by the agent, decided to dive in the pool unexpectedly, and hit his head on the bottom. He ended up needing a couple of stitches, and is now sueing the owner because there was no warning sign that the pool was not deep enough at that end for diving in! Apparently the case has been dragging on for 2 years so far, causing untold stress to the owner of the villa.

The only thing I would add, is that if anyone was intent on sueing me because, rightly or wrongly, they blamed my cat for fouling their garden, I would make damned sure my cat goes nowhere near that person's property, because anyone crazy enough to want to take a case like that to court, is crazy enough to do something far worse.


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"Get your facts first, then you can distort them as you please"

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07 Jun 2008 10:24 PM by semijubilada Star rating in London/Torrevieja. 1052 posts Send private message

Just a thought, wouldn't it be cheaper to buy a deterrant to put in the garden, isn't it moth balls if so then you can get a large bag in Todo shops for 60c.

Years ago when i was conned into getting another cat, you know the story - my friends are desparate to find a home etc - I spoke to a lot of cat homes trying to find another kitten to keep her company whilst I was at work.  One particular lady wanted to know what I was going to do to stop the cat getting out of the garden and out on to the main road where we live.  I had to stop myself from retorting that I'd nail her paws to the floor as I thought it was a stupid question.  Any cat owner will know that it's hard to stop them from wandering.  In my previous house I'd already had a cat that had been run over and that was a terrace with no access to the street.



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07 Jun 2008 10:37 PM by morerosado Star rating. 6927 posts Send private message

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I started posting about mothballs before when I mentioned deterrants but realised the guy would never agree to mothballs, I wouldn't  so I edited my post before sending it ! But you can get more pleasant niffs that repel cats from areas. Seems this guy's insistant on suing, however. Won't stop the cats using his garden, though, will it ?


This message was last edited by morerosado on 6/7/2008.

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08 Jun 2008 9:46 AM by deniseatnycs Star rating in Sol Golf Nr Villamar.... 136 posts Send private message

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Thanks all for your interest and advise on this matter.  I am proposing a meeting between all parties today in the hope (distant) that this matter can be resolved.  Must say the cat owners are willing to try anything within reason to placate the neighbour which is good when we all know that it is feral cats that are the problem.  However, as everyone agrees it is difficult to stop domestic cats, walking or even sunbathing in neigbours gardens especially when the neigbours guests (he lets it out) encourage them!  I will let you know the outcome, thanks once again

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08 Jun 2008 12:12 PM by morerosado Star rating. 6927 posts Send private message

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You can train ferals to use a loo, Denise, here's proof...



and why can't cats enjoy the sun by the communal pool ??



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08 Jun 2008 2:37 PM by deniseatnycs Star rating in Sol Golf Nr Villamar.... 136 posts Send private message

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UNBELIEVABLE!

Well meeting over.  The owners with the cats are going to try and keep the cats from the neigbours garden, the owners complaining are going to ask their guests not to encourage the cats, the owners in the area  in general (including me) are going to collect and remove any cat faeces they see.  The Community is going to pay for something to try and discourge the ferals, and possibly pay to have some of them neutured.  And what is unbelievable ...... everybody is happy.

Time for the vino one thinks!

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Denise



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08 Jun 2008 2:45 PM by morerosado Star rating. 6927 posts Send private message

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Well done, Denise. Blimey, everyone happy, WOW !!!

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08 Jun 2008 3:22 PM by semijubilada Star rating in London/Torrevieja. 1052 posts Send private message

   Glad to hear that the Community is working together to resolve issues.

It would be a good idea to neuter the ferral cats and return them after they have recovered, that way it will discourage other ferrals from invading their terrotory(sp?)  A small outlay could prevent a lot more problems from occuring again.

You might find some vets will do it at a discounted rate as they are ferrals.  May be worth a call to Joe the cat man and other cat charities to see if they have a list of numbers.





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08 Jun 2008 3:31 PM by morerosado Star rating. 6927 posts Send private message

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Good thinking Semi.

Joe The Cat Man
Joe is based in Ciudad Quesada and takes in abandoned cats and kittens, helping them find new homes.

Tel: 96 671 9272


 Also you could contact Linda at Paws for advice

Linda - 966 796 692 (Feral Cats)


This message was last edited by morerosado on 6/8/2008.

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09 Jun 2008 9:48 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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"......going to collect and remove any cat faeces they see". 

Well, good luck with that! Yes, you can potty train a feral quite easily, as cats are scrupulously clean and only need to be shown where to go. My (ex) feral happily uses a litter tray when he's grounded - but trying to find what he deposited is another matter, as he buries it so well! I would suggest that any cr*p you find, is either doggie doo doos, or maybe human baby plops!

Definitely a good move to get the ferals neutered, so good uck with that, too.

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"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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10 Jun 2008 11:37 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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deniseatnycs

You are right. Unless there are effective damages it is worthless to go for a civil liability trial just for that reason: if it is that just one cat goes into the neighbour´s garden and no material damages or injuries are incurred. If by any reason health reasons were involved, you can report it to the Local Council for a fine.

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Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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