Despite all the qualities of this animal, you want to push it away from your home.
Legally, what are you allowed to do?
What can't you do?
What are your possible remedies?
Amicable recourse, civil liability, abnormal neighborhood disturbance, legal action… The law offers possibilities for the victim of damage caused by a cat to put an end to it.
Or even get compensated.
While strictly sanctioning the author of animal abuse.
To discover
How to recognize a snake in your garden?
Can I invoke abnormal neighborhood disturbance when my neighbor's cat comes to my garden?
Abnormal neighborhood disturbance is constituted by nuisances that exceed the normal inconveniences of the neighborhood.
It must therefore be repeated and regular to be constituted.
The odors emanating from the excrement and urine of your neighbor's cat can constitute an abnormal neighborhood disturbance.
But for that, they must be regular and not occasional.
Read alsoMy cat urinates all over the house: what to do?
Beyond the smell that can bother you, loud and repeated meowing can also constitute an abnormal neighborhood disturbance.
If your neighbour's cat comes regularly to your garden and causes you an abnormal neighborhood disturbance, you can take action.
What recourse against the neighbour's cat?
Attempt an amicable settlement to put an end to the trouble
Before taking any legal action, always prefer amicable settlement.
You can send a letter or go directly to your neighbor to explain to him the nuisance that his cat is causing you in your garden.
The goal is to find common ground with him.
Hire a mediator
Before any legal action, calling on a justice conciliator is mandatory.
This process is free.
The objective is to find an amicable agreement between you and your neighbor about the nuisance caused by the presence of his cat in your garden.
In case of agreement: a statement is signed by the parties in which they commit to each other.
In case of failure: the legal route is open to you.
Good to know
A map allows you to find the justice conciliator closest to you.
Obtain proof of abnormal neighborhood disturbance
If amicable means fail, the legal route is open to you.
But it will only succeed if you provide proof of abnormal neighborhood disturbance caused by the presence of your neighbor's cat in your garden.
In this case, you must prove noise and/or odor nuisance.
Proof can be provided by any means: photos, neighborhood certificates or a bailiff's report.
Go to the competent court
If, despite your various amicable steps, the abnormal neighborhood disturbance persists, you can seize the court by summons or by request.
In terms of abnormal neighborhood disturbance, for disputes under 10,000 euros, the local court is competent.
Read alsoDog barking: what to do in case of noise pollution?
If the judge considers that the nuisance from your neighbor's cat in your garden is really causing you an abnormal neighborhood disturbance, he can:
Order your neighbor to pay damages.
Pronounce all appropriate measures to put an end to the disturbance.
Can I claim civil liability when my neighbour's cat comes to my garden?
Pets, such as cats, can cause different damage.
Especially in the neighbor's garden.
More precisely, there are 3 distinct damages;
Bodily injury.
a cat scratch or allergies for example.
Material damage: like damaged tomato plants.
Moral damage: if it results in a trauma for the victim.
Read alsoDog bite: what does the law say?
The person responsible for the damage caused by the pet is its owner or the person who had custody of it at the time of the facts.
One or the other is required to compensate the victim for his loss
(C. civ., art. 1243)
.
We are talking about
civil liability
.
If your neighbour's cat causes you proven damage, you can turn against him to obtain compensation under civil liability.
Good to know
Most often, the civil liability guarantee is taken out with the
home insurance contract
.
It covers damage caused to third parties by people or things for which you are responsible, including animals.
What are the penalties for animal abuse?
Under no circumstances should you retaliate with violence if your neighbor's cat comes into your garden.
Be aware that the fact, publicly or not, of seriously abusing or committing an act of cruelty towards a domestic animal, or tamed, or held in captivity, is punishable by
3 years' imprisonment and €45,000. fine
(article 521-1 of the Penal Code).
Read alsoCompanion animals: what the bill changes for the fight against animal abuse
When the facts lead to the death of the animal, the penalties are increased to 5 years' imprisonment and a fine of €75,000.
Here is a sample letter to let your neighbor know about the inconvenience you are having with his cat coming to your garden.
But also to ask him to take measures so that he no longer comes to your house.
Letter template to ask your neighbor to prevent his cat from coming to your garden.
Your identity [First name] [Last name][Address][Postal code] [Town][Telephone] Identity of the neighbour[First name] [Name][Address][Postal code] [Town] [Town], on [date] Subject: Nuisances caused by your cat coming to my garden Mrs. X, Mr. Y, By this letter, I would like to inform you of various inconveniences that I have suffered, caused by the regular coming of your cat to my garden.
In particular:
List here the damage caused by the arrival of the neighbour's cat in your garden + attach the evidence in support of what you are saying.
To put an end to these troubles, perhaps we could imagine together measures to limit the passage between our two gardens?
Rest assured that I personally have nothing against your cat, nor against this animal species.
I simply want to find a suitable neighborhood relationship.
I remain at your disposal to discuss all this.
Pending your response, please accept, Madam, Sir, the expression of my highest consideration.
Signature[First Name] [Last Name]
You now know all the remedies available to you if your neighbor's cat comes into your garden.
We always advise you to favor amicable means before going to court.
In any case, never commit acts of mistreatment towards the animal, they are severely punished.
