The property line between my house and their house is unused field as we live in the country, 2yrs ago a new man moved in and has been harassing me about my dogs barking. The animal control agent has investigated and asked other neighbors in this rural setting if my dogs are a problem and has concluded they are not. The new neighbor is now determined that the invisible fence is slightly on his property/field. What can I do as the original owners were ok with this?
2007-04-04
16:56:40
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13 answers
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asked by
holly
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Politics & Government
➔ Law & Ethics
For the peolpe who have answered and have made reference to the dogs barking, again there was an investigation by the township animal control officer and was determined the dogs are not a problem. They are in my house all day and all night and are allowed outside only to do their business and play for about an hour every afternoon between 4 and 5. The neighbor's house is about 300 ft from our property line. He has also yelled and cursed at my stepson for being near what he perceives the property line.
2007-04-05
01:58:05 ·
update #1
It sounds like the major problem is your dogs barking from what you describe. Why don't you talk to your neighbor and find out what hours the dogs are barking and bothering him? Is it early morning or late night for example? If it is early morning bring them in then. If it is late night then bring them in then.
I love dogs and we have always owned them, but at one point we had a German Shepherd that would howl next door to us every morning from about 5 to 7am and it was annoying (I'm not a morning person!) so I do feel some sympathy for your neighbor. If your dogs are doing that, it seems fairly simple to bring them in during the hours they are barking. Plus, your dogs may appreciate it too. I have a feeling that former neighbor's dog that lived next to me was probably lonely every morning!!!
Edit: Thanks for adding the extra info. That certainly helps clear up the situation. You sound like you are having the dogs in the yard a reasonable amount and at a reasonable time. Truthfully, it sounds like your neighbor may have some mental issues or something like that. I once had a similar situation with an elderly neighbor that I believe had Alzheimer's. She would ask me for my name every few minutes and repeat info constantly or ask questions as if she was hearing info for the first time. She was extremely cranky and irritable when we had to get some pipes replaced that shared pipes with hers (they are historic houses) and the city had to do the replacing (we didn't have any control over when they did it) and unfortunately it was right when our state had those 5 hurricanes and the city took a month or 2 to do the work and she came over to our house 4 or 5 times to complain about it taking so long as if I could speed up the city workers!!! I was so glad when they finally moved! Anyway I digress, but my point was going to be that we rerouted the pipes so that they are now on our land so we would never again have to deal with irate neighbors. And I think you would probably be best if you do the same, even if you could go to court and spend the legal fees and win at court and keep your fencing, which may or may not happen, it would probably be ultimately easier to deal with your neighbors if you reinstall the fencing within your property line. This may also help with your dog problem if they are a few feet closer to your yard rather than your neighbor's yard.
I would also try to warn your stepson to try stay as much as possible away from the neighbor as much as possible b/c of his "grumpiness". Actually though because of his mental unstableness, I would be worried of your stepson being possibly abused or injured by the neighbor. When we had the Alzheimer neighbor, I warned my children to avoid staying away from that side of the house. What if the neighbor has a gun or something and becomes overly upset one day and loses control? I'm sure that would never happen, but just to be safe. I would probably try to keep him away from the property line to avoid any possible problems. Hopefully your neighbor will move too!!!
2007-04-04 17:31:49
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answer #1
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answered by Karen 4
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Has your city/town given you a permit to install the fence? Most likely, that will decide whether or not the fence will stay or not. If the fence is within your property to the point where the pets aren't easily heard would be the easy way out. I'd hate to lose a pet because a neighbor is calling local animal control over barking.
2007-04-04 17:23:16
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answer #2
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answered by LuckyD 3
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The city has measured property lines on record. This is what they use for dispute settlement. If your invisible fense gave you more property than you previously had, you would still need some kind of documentation from the original owners showing that they gave you the land, and could therefore not have sold it to the new owner. Otherwise, I don't think the city would ever take your side.
2007-04-04 17:03:25
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answer #3
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answered by Lancaid 3
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How big of a deal is it to move an invisible fence? I have never worked with such things and don't know how hard it is to do.
I don't think it matters whether the previous owners of the property were okay with this because they no longer own the property. Your agreement was with the previous owners, not the new owners and the new owners have no legal obligation to abide by an agreement you made with the previous owners. Legally, you will have to move your fence.
2007-04-04 17:01:29
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answer #4
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answered by msi_cord 7
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I believe your best course of action is to move the invisible fencing well within your land boundaries, which will keep your dogs away from his land and lessen his annoyance...
You should get your dogs trained so they do not bark all of the time or only bark when you are HOME and there is something important for them to alert you.. I don't know the circumstances of your dogs barking but you should find out what is causing it.
2007-04-04 17:12:00
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answer #5
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answered by ♥Tom♥ 6
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You are basically going to be in the wrong as the property transferred owners and you never had a legal easement (on paper) for using that land.
That is IF it is even on the other property. In order for him to do anything about it, he will have to shell out the money and get a new survey done and prove that it is on his property. Then he would have to file suit against you to get it off.
2007-04-04 17:06:26
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answer #6
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answered by Bridget 2
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Does he want the fence moved? Maybe you could take it down and put it back up on a line he is happy with. Otherwise, take it down altogether and put up an invisible wall instead. Even better, can you build an invisible house? That way he will never be able to find you!
2007-04-04 17:02:36
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answer #7
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answered by Anonymous
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Unfortunately, the fact that the original owners was ok with it is NOT an defense (I think under law) If your neighbor can prove that its on his land, he can make you move it. Can you prove with a blue print (or I think there was another official term) that the fence is actually on your land?
Other than that I think your screwed to be honest. There should be free legal service for citizens in your area. Please go ask them about your options.
2007-04-04 17:01:34
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answer #8
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answered by Jumpy 2
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Judge Judy ( And most judges) would most likely say move the fence.....What ever agreement you had about an easement (Which is what we are talking about.) is usually spelled out in the land deed....Ill bet it isn't in there.
PS
An easement us will be spelled out in both your deed as well as his,,,,And an easement is usually there to grant mutual access to something such as running water...A road that would have otherwise be blocked...etc.
2007-04-04 17:04:40
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answer #9
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answered by Anonymous
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You have to have it in writing to do anything. Have a survey done of the property.
2007-04-04 16:59:18
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answer #10
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answered by Chainsaw 6
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