Fishing today, club water with public footpath running alongside (actual footpath about 20ft from river bank). Gentleman with dog throws stick into water about 20 yards up stream of me dog goes into water.
I ask gentleman as politely as possible not to put dog into water. He replies that he has every right to do so.
So, ignoring the ground much covered in other threads about the ignorance/stupidity of his actions does he have the 'right' to put his dog into what is private water on private land even if it is next to a public footpath?
And if not is he committing trespass, or in fact breaking any other law, in doing so?

Cheers
Andy

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Depends, CROW act give right of access to unenclosed land for recreation, but dogs must be kept under control but no set route or footpath, also supposed to respect the owners/tenants uses.

On public footpath on enclosed land they need to stay on footpath (usually 2m wide) or so. Ony supposed to pass to and from using the footpath.

technically if disturbing your fishing it is actionable through the court by seeking an injunction after it happens but very few other remedies (if he was agressive could report to police) and they might go for breech of the peace or if dog could be hunting, might go for poaching or disturbing nesting birds etc.

He has no right to put dog into the water unless the footpath crosses the water as the dog is supposed to be under control but short of actively throwing off the land (and need to be careful you dont get done for assault) not a lot can be done legally at the time it occurs.

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Just My Tuppenceworth!!

Many thanks for the answer. I would think that the only real practical measure would be for the riparian owner to post signs requesting that dogs are kept on the footpath, there is also stock in the fields in question (sheep).

Cheers

Andy

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If you have the landowners number phone him the next time it happens and tell him there is a loose dog worrying his sheep. He'll come down, shoot the dog and that will settle it.

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Sandy
Carried it in full, then carry it out empty.

Methinks he should shoot the owner and re-home the dog!!




Ben

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Why is it that fisherman always believe that they have sole right to enjoy a river!! I am also a fisherman but participate in lots of other sports such as canoeing, mountain biking and walking. Basically i have a love for the outdoors. In my 30 years of doing these things, the only group of people that have actively tried to disturb/ban/interfere and physically intervene have been anglers. Im not trying to set the cat amongst the pigeons here but why cant you accept that everyone has a right to enjoy our natural wonders. Perhaps it can be frustrating but no one person or group should have sole access to the outdoors and anglers seem to be the only people that cant live in harmony with other outdoor enthusiasts.

Gaz

I dont think anyone here was trying to deny someone access to the rive but swimming your dog in an area where someone is trying to fish is a bit off.

Whilst the dog walker is claiming he can walk his dog wherever he wants, would he walk it in the middle of a Sunday afternoon game of football at the local park?

I dont think so.

So why disturb someone enjoying a days fishing in a river by swimming your dog right where the fellow is fishing?



For the record, I am in the same group as you - I bike, I fish and I have a dog yet I am at pains to ensure he doesnt disturb anyone out and about enjoying their day too!



Ben

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I agree, but he can legally shoot the dog but not the owner

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Sandy
Carried it in full, then carry it out empty.

Correct me if i'm wrong but i thought dogs were supposed to be on a lead at all times? I had someones german shepard run into my house when it saw my cat at the front door, both owner and dog left with tails between their legs after a heated discussion about it .

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It is about consideration for others... if you are walking your dog and letting it swim in a piece of river that someone is trying to fish in, short of the dog (or you) being hooked the fishermans exploits has no negative impact upon your enjoyment of the river, however the same cannot be said for the impact of the dog on the fishermans enjoyment. the fisherman 99% if the time has paid for the right to fish, i am sure the dog walker wont have. if it was the case they had to pay the equivilent of the angler to "enjoy" the river would they be happy ?? nope .. I am a dog owner, one of my boys loves a swim and i dont deny him it BUT not at the expence of other folks enjoyment.

The same analogy can be drawn with canoeists... who often dont have a right of navigation, but choose to use the water anyway, some forums i have read folks have encouraged trespass and for people to cause damage to fencing to gain access to water to canoe.. you wont find an angler inciting poaching

If i decided on a pleasant summer afternoon i wanted to practice playing my tuba in the glorious outdoors and headed out to farlington marshes, a local twitching hotbed would the bird watchers be right to be p!$$ed off with me or do i have just as much right to enjoy the great outdoors as them...

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