Is neighbour allowed to let geese roam onto my land?
Our neighbour allows her geese to roam in her garden and they sometimes enter our garden because it is not fully fenced. Recently, our dog got hold of one and, although the goose was not killed, it was hurt. She asked us to have the dog put down (which we refused to do). Someone told me that legally she has no right to let geese roam free; is this true? V.H.
An expert in rural law, avocat Myriam Gobbé from Rennes, said that the law tends to put you, as the dog owner, in the right in this situation.
She said: “As the attack happened in your garden one may reproach the neighbour for not having taken precautions to avoid the geese leaving her property. Article L211-19-1 of the Code Rural says ‘it is forbidden to allow to wander, domestic animals and wild animals that have been tamed or are kept in captivity’. From this point of view the owner is at fault and her goose would not have been attacked if it had remained on her land. If the dog had gone and injured the goose on the neighbour’s land then you would have been responsible.”
Ms Gobbé said art.1243 of the Code Civil says the owner of an animal or someone who is in charge of it, is responsible for harm caused by it, whether while under his or her guard or while it is lost or has escaped. “However in my view what prevails here is that the harm could not have happened were it not for the negligence of the neighbour who did not sufficiently enclose her land to stop the geese from escaping. Her fault allows an exoneration for the owner of the dog.”
The matter of putting the dog down could still arise in such a case if the attack had been on a person. “As such is not the case here, one cannot blame a non-straying dog for having attacked a goose.”
Also specialising in rural law, avocat Catherine Rousselot from Caen, confirmed this, saying: “The neighbour has the right to leave the geese at liberty inside her property, but she is the guardian of the geese and is responsible for them and should not let them roam outside.”
She added if it happens regularly, you could speak to the mairie. “In a rural commune the mayor has a municipal police role. You could complain about the geese roaming and the mayor could punish the neighbour who allows them to roam.”
