What counts as cat-caused “damage”?

Questioner

Related to other cat questions (and answers) here, particularly this answer: https://rechtswinkel.nl/questions/ik-heb-had-een-vangkooi-in-mijn-tuin-om-de-overlast-van-katten-uit-de-buurt-tegen-te-gaan-emmer-wat/45801 Situation: Small village in farmland. It is (of course) normal here for cats to roam freely around the farm to catch 'vermin' (?), so a request to the owners of neighbouring plots to keep their cats indoors will mainly result in raised eyebrows and little understanding. My girlfriend has set up her plot (half a hectare) as a 'Garden Reserve', with as many (native) wild plants as possible and lots of hiding and living places for animals, with a lot of attention for (wild) birds, which she enjoys very much. There are regularly at least 4-5 different cats walking around, which undoubtedly come from the 'neighbours' (environment). These cats shit in the garden (of course always just on the walkways), but what is experienced as much more disturbing is that they kill mice (voles, shrews) and especially birds. My girlfriend makes a lot of effort to offer birds a good living environment and that results in many breeding pairs of birds, also of the less common species. She gets a heart attack every time she sees a cat walking in the garden and a broken heart when a pile of feathers from a young bird that has just been raised with great effort by its parents lies next to a bird bath. It spoils a lot of her 'happiness' on her property, that the cats of others come and disturb the place in this way. It is impossible (and also the other way around!) to fence off her own property so that cats cannot get onto it. Moreover, she _doesn't_ want to fence off her property, because she wants it to be accessible to wild animals (she has hares, rabbits, hedgehogs, deer etc. on the property). It is also of course impossible for the neighbours to keep their cats on their own property (they are walled-off city gardens, so to speak). Still, she wants to 'get rid of those nasty cats'. Things like shooting or catching them and putting them in a bag in the ditch (which are not entirely uncommon in this area) are not really in her nature (and probably not legally allowed, but who's going to prove that...). A trap cage could possibly be a solution. If a cat has had a few unpleasant experiences (being locked up for a while, or if necessary that bucket of water poured over it from the other topic - not really nice for the cat either, but you have to do something), then her territory may become less attractive. But that is not allowed because of 'nuisance', but only if there is 'damage'. So the question is: What counts as 'damage'? - Poo in the garden, under shoes, on hands while gardening? (I suspect not). Poo on her new dress? - Dead animals? Even if they are wild animals? Or do they not have any 'rights' and the cat is only not allowed to destroy 'kept animals'? And suppose I release chickens in the garden and they get caught, does that count as damage? - Broken bowls (bird baths) because the cats jump on them and then they fall and break? - Lost happiness in life, because of all the heartbreaks? C.q. emotional 'damage'? Does that count? Is there a clear limit/standard for this that arises from previous case law, or would you have to sort this out in a legal case at the last minute?

Lawyer

No, that standardization is not clearly delineated because the entire complex of facts plays a role. To give an example: your girlfriend must be used to animal feces in her garden, how does she then motivate the distinction with that of cats. I would rather steer towards the responsibility of the owners of the cats and ask them to put a bell around their neck. I would certainly advise trying this. This already ensures fewer dead birds. Furthermore, there are systems on the market that can keep cats out of gardens, but she does not want that.

Questioner

Dear Monique Ferwerda, First of all, thank you very much for your efforts on this site and for your answer(!) I had indicated that 'poo' would have little chance ;o) But what about the other things? Property damage to garden furniture? Dead animals? Is that also difficult to argue as 'damage'? Does the Fauna Act really make no distinction for placing traps for wild animals or escaped captive animals? I understand that I am not allowed to catch a wolf, even if it costs me sheep. But a cobra, tarantula, scorpion, jackal or cat that has escaped into the area and is wandering around my property, I am also not allowed to catch without demonstrable damage? How can there be such a lively trade in trap cages and deadly mouse and mole traps if damage is so difficult to prove? Should traps for rats and moles only be placed indoors? And how do I find out who the cat belongs to if I am not allowed to catch it to read a possible chip? Fencing off your own garden is the world turned upside down.

Lawyer

You could capture the cats on photo or film. Cats generally do not have a large range. Of course, damage to property caused by stray pets of neighbours is their liability (animal liability). But the damage must be causally related. You can then write to the owner and hold him liable for the damage, for example damage to vegetation. Dogs and cats are not wild animals in the sense of the nature conservation law but production animals.