My cat Gem is 12 years old. Not long after I first had him he went missing for about three weeks. When he turned up again he had been neutured by my neighbours who live two doors' away. They said they thought he was a stray and had become friends with their female cat. They had put them both into a cattery while they went away on holiday and had him neutured, without making any attempt to knock on neighbours' doors or find out who he belonged to. I have since continually asked them not to feed him or allow him into their house but have been ignored. Consequently, he became very overweight. More recently he has suffered skin problems. Their cat died two years ago but I have found they are still ignoring my requests and become angry with me. They appear to regard Gem as a surrogate for their cat who died instead of taking on the whole responsibility of getting themselves another cat of their own. Our Vet now treating Gem for bald patches. What are my legal rights?.
2007-09-05 11:41:35 · 13 answers · asked by maggiedberry 1 in Pets ➔ Cats
Legal rights?...Let me see if I understand the situation.
You got a cat...at some point the cat got out, or was allowed out by you, obviously more than once...without a tag, or at least in the past without a tag...now the cat has become fimiliar with the neighbors (because they took him in, thinking he was a stray, and they fed him and got him a vet)...now, two years later, the cat is overweight and has some kind of bald spots from some unkown "thing"....you're upset because these neighbors have "encroached" upon your territory...the cat is yours but they won't leave it alone and you want to take legal action...
Does that sum it up? If it does then...well, in my opinion you should give the cat to the neighbors. Obviously, down deep, you're really not that attached to the cat or you would have done something before now...this has been going on for years. I really think this is not about the cat...but more about you...you don't want them to "encroach" upon what's "yours". Maybe you should be more like a cat...just go pee on your cat therefore marking it as yours. Maybe they'll leave it alone then.
Don't have a cat...I don't think you're ready for the responsibility...otherwise this whole situation wouldn't have happened.
2007-09-05 12:11:00 · answer #1 · answered by jamison 3 · 2⤊ 0⤋
It shouldn't even have to get to legal rights, the neighbours should not have done what they did. Firstly, I understand they thought the cat was a stray but it was too soon to get him desexed. But anyway, a mistake is a mistake. But as a neighbour and especially one that has owned cats, they should respect your decisions. They now know the cat has an owner and they should not feed your cat any longer. There is a law that you can NOT keep a stray and you can be fined up to $2000 (well, that is true for NSW Australia). All strays should be taken to a vet or a pound but unfortunately they will be put down if their owner doesn't look for them or if they don't get adopted within the time limit. But the thing is that they now know it is your cat but there could be a legal problem with the fact that your cat does go on their property. But then again they shouldn't let it into their home. You should ask for advise from pounds, animal shelters and other animal societies. Although it is not your responsibility to do so but it could help if you got them a kitten, but then again you have said that they still wanted your cat when they still had their own. I really have never met people like your neighbours. I am sure that they wouldn't like you to do what they are doing if it were reveresed. Definatley see what legal action you can take. I found out about the fine on the local pound website. If you live in Australia I am willing to help you to find out more but I don't think I can call overseas and be put on hold. If you do live in Australia you can email me.
2007-09-05 13:55:44 · answer #2 · answered by Anonymous · 0⤊ 2⤋
I agree to an extent with the other people here who are saying "get real". I probably would've made the same assumptions and done the same thing as your kind suckers-for-kitties neighbours. Cats are wonderful temperance spoons for the human ego because at the end of the day they choose their owners, not the other way around.
I hope Gem recovers from his mysterious bald patches. It's good that you're getting him treated. Of course you do care about him. Perhaps he'll be happy to live out his years being a cuddly lazy boy on your sofa and not outside charming up the neighbours. Rather than spending your money on legal action, perhaps better spend your money on loads of cat toys and climbing things and keep your door closed to make sure he happily stays at home, inside.
2007-09-06 03:21:18 · answer #3 · answered by Camperdown T 4 · 1⤊ 0⤋
If he's not microchipped, has a collar and rabies tags on it, and you let him wander, the case can be made that you're not the owner at all since he IS roaming loose at all hours of the day.
Stray cats can be taken in by anyone. If you have not kept him indoors or in a contained area, he's anybody's cat for the taking, legally, as there is no indication of true full time ownership on him.
Having vet bills is a good start, you can show you're taking care of him to a degree, but without CONTAINING him in your area, they can still make a case of ownership on their part.
I myself have put out money to give vet care to strays, one of which I think WAS owned by someone in the neighborhood, but I only claim the ones we have indoors as 'ours'. Others may not be so specific.
Keep yours indoors. Get an outside enclosed kennel made for him, and keep him in that if he won't stay in the house. If he's on your property under your control and you have vet bills for him, THEN you can fully claim him as yours and they can't walk over and take him.
Anything other than that and your ownership is pretty tenuous.
2007-09-05 14:09:44 · answer #4 · answered by Elaine M 7 · 2⤊ 0⤋
Legal rights?? You are kidding right? You left a male cat roam your neighborhood unaltered? Why do you let that cat outside? Sigh...get real. I would never have left that cat out of my sight after having it fixed and you sure as heck would never had got your hands on it again, you should count your self lucky. Did you reimburse them for the cost of altering? Did you knock on their door when the cat was "lost" did you put up posters contact pounds? If you were really so concerned about Gem you would not let him outside. Legal rights? how about treating that animal with care and not worry about your rights so much.
2007-09-05 11:55:07 · answer #5 · answered by darcymc 6 · 7⤊ 1⤋
man some people on here are so harsh...it was nice of them to have him altered but your not obligated to thank them for the rest of your life its not like you asked them to do it..and once they found out your cat wasn't a stray they should have stopped treating him like one and the fact that they made him unhealthy is outrageous i do recommend a name tag on the cat for the future and the only thing you can do is keep your cat inside from now on or move or hope they move lol:)
2007-09-05 12:08:46 · answer #6 · answered by bellababi44 6 · 0⤊ 0⤋
Sounds like if you were so concerned you'd keep the cat inside. Also, why was your cat outside roaming around if it was unneutered!!?? Sounds like your neighbors are taking better care of the cat than you are and are educated enough to neuter it.
2007-09-05 16:15:00 · answer #7 · answered by Anonymous · 2⤊ 0⤋
I've neutered a collarless animal that was roaming the neighborhood acting like a stray. I have no sympathy for that bit of your predicament. As far as the rest of it goes, thank them for their concern and keep the cat in your house.
2007-09-05 11:55:33 · answer #8 · answered by howldine 6 · 7⤊ 0⤋
Good question! I suppose at least they saved you the trouble of having him neutured which was nice of them.
2007-09-05 11:47:40 · answer #9 · answered by danl747 5 · 4⤊ 0⤋
Why does he not have a name tag on and stay inside with you? If they are really attached to him, you might have to consider him a shared pet or he might get even more stressed.
2007-09-05 11:51:29 · answer #10 · answered by Flatpaw 7 · 4⤊ 1⤋