Garden and Cat Feces (Property / Legal Issue)

Hello,

We have received a complaint from a neighboring party that our cats are defecating on their property. Right in front of their front door / next to the car. And there is allegedly always a smell of feces now. This was not the case before we lived here.

Actually, I quite like the people, but here I don’t know what to do. We have been asked to prevent this / do something about it. But I don’t know what I could do about it? The cats (2 of them) have been outdoor cats for over 10 years, I can’t suddenly lock them up. They are offered a litter box (also outside), but presumably don’t use the litter box outside. In this specific case, I also can’t imagine that it was our cats. They have gravel in front of the door and next to the cars, and it’s directly on the street. Cats don’t usually behave like that, do they? Our cats have always done their business rather out of sight in the past (they are animals, they don’t want to be vulnerable while doing so), and rather have used gardens/soil where they could bury their stuff. The neighbor claims our cats have been seen. I have not received any proof of that. Even if it was our cats, I think that wouldn’t even be legally relevant.

Now, annoyingly (right with the first message on Whatsapp), they have thrown a large amount of feces directly in front of our garage on the driveway. We are really very upset about this now. For one, because it is by no means proven that those were our cats. What is lying on the board does not even look like cat feces to me, at least not like that of our cat. It is way too much, has the wrong color, and is somehow too big. And I really find it quite rude to directly take such a passive-aggressive measure based purely on assumptions.

The legal side seems pretty clear here. We live rurally, in this residential area various cats run free (also on our property) and defecate wherever they want. There are numerous court rulings stating that something like this must be tolerated in rural areas. I believe it is limited to up to 2 cats per property.

I have now asked them to refrain from dumping feces on our property in the future. Of course, should it happen again, I could try to legally prohibit it by way of a cease-and-desist declaration. But that surely wouldn’t be good for the neighborhood relationship. Unfortunately, there have already been disputes with this party in the past. Back then, we swallowed the “toad” for the sake of peace. At that time, they complained that our construction workers had blocked them with their parked cars. I passed it on to my site manager, who got terribly upset because that was apparently completely exaggerated – no idea, I wasn’t there that day. In any case, he stopped it, and that was fine. But I already found it interesting back then that shortly after their complaint about the one-time parking, without asking us, they placed a pallet on our property which stood there for several weeks. I didn’t say anything – didn’t want trouble with them – but I found it pretty cheeky in the context of their own pettiness. Now I thought that was over and we always greeted each other kindly, and then today came this complaint about the cats. How would you proceed? Edit: Here’s a photo – Exhibit A:

What I don’t want:
- Them to continue dumping feces of unknown origin on our property
- To destroy the neighborly relationship
- To lock up / give away my cats

If this whole thing has already escalated to the point where they just throw the feces in front of your door, I would probably do the following: have the foreign feces and samples of your own cats genetically tested in a laboratory. That shouldn't cost a fortune. However, I would check whether your cats are the culprits or if the feces even come from a cat at all. With people who react like that, I always imagine that there will soon be poisoned bait around...

Before I would have written such a long post, the crap would have been disposed of faster.

Actions have reactions.

What I do not want:
- That they continue to dump feces of unknown origin on our property If YOU demand this in any way, this is:
"- Destroying the neighborly relationship"
- Locking up / giving away my cats: there is no legal basis for that.

With people who react like that, I always imagine there will soon be poisoned bait lying around...

I wanted to add that as well. Thanks.

Before I would have written such a long post, the crap would have been disposed of faster.

Disposing of the crap once doesn’t solve the problem that they presumably continue to dump the crap of various animals on our property and (in my opinion) unjustly blame us for it. They said via WhatsApp that I should make sure that it changes again, that there is no smell of feces in front of their door / by their car. But what am I supposed to change about that? I not only doubt that their problem is (exclusively) caused by our cats, but also whether what they threw at us is even cat excrement.

If it has already escalated to the point that they simply throw the feces in front of your door, I would probably do the following: have the foreign feces and samples from your own cats genetically tested in a laboratory. That can’t cost a fortune. It would clarify whether your cats are the culprits or whether the feces even comes from a cat.

I also find it unfortunate that it escalated directly like this, but the "delivery onto our property" happened at the same time as the very first message at all that they have this problem—which they are attributing to us. If you had that checked, it might show in this one case that our cat(s) are not responsible—but that doesn’t prove that they never go there. At the same time, proof that what was dumped here came from our cat is pretty irrelevant, since besides our cats, 6-7 other free-roaming cats are running around, and trash/feces generated on one’s own property must be disposed of on that property. Meaning: Even if it were my cat doing its business there, he would have to put it in his trash bin, not in my garage. Just as I would have to dispose of cat feces from other pet owners’ cats on my property if I were bothered by it.

I also find it a pity that it escalated directly like this, but the "transfer onto our property" occurred simultaneously with the very first message that they have this problem - which they attribute to us. If this were checked, it might be shown that in this one case our cat(s) are not responsible - however, that doesn't prove that they never do it there. At the same time, evidence that what was dumped at our place comes from our cat is pretty irrelevant, since besides our cats there are 6-7 other outdoor cats roaming around, and trash/waste that accumulates on one's own property must also be disposed of there. Meaning: even if it were my cat doing it there, he would have to put it in his trash bin, not in my garage. Just as I would have to dispose of cat feces from other pet owners on my property if it bothered me.

Well, I have a strong sense of justice, I have 3 cats myself who will soon be allowed outdoors, and as a scientist I stand by objective facts. Before I would get involved in such a bizarre neighborhood dispute, it would be personally important for me to know whether my cats are actually doing it in front of the neighbor's door. Anyone can claim a lot when the day is long. But if the waste does not come from your cats, you could take all the wind out of your dear neighbor’s sails. If it was yours, then that is also a basis for negotiation, which at least is based on facts rather than assumptions. Just my 2 cents...

And yes, I totally agree with you ! Talk first, then act. The neighbor surely hasn't found animal droppings on his property for the first time if he lives in the village. But he probably saw one of your cats curiously sniffing the (foreign) pile and bam! the scapegoat is found, especially if he might have already had it in for you.