QUESTION

What actions could I take if my neighbor refuses to restrain their dog?

Asked on Sep 14th, 2015 on Personal Injury - Michigan
More details to this question:
There is a wood slat fence on my side of property line. The neighbor with dog has no fence. Offered to share 2/3 cost of 25-year warranty vinyl fence directly on property line they refused. Dog has come through when section touching ground rots or their bougainvillea branches cause a slat to pop off. Questions: 1 = who is responsible for fencing in the dog to protect me, my 101+ father-in-law, my Grandson? 2 = as the dog has tried to bite me before after entering my yard forcing me to remain inside my house etc., what action may I take against the dog or neighbor {I today installed the last of the extra for repair slats I had bought for repair of typhoon charley} should the dog come back into my yard as the neighbor refuses to put up their own fence such as chain link to restrain their dog. My fence is a slat essentially for privacy not to restrain their dog. {When the bougainvillea popped a slat off my wife reported being able to see them nude showering next to their back yard pool. I do not need to see that and don't want my grandson seeing it either. So what actions can I take?
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6 ANSWERS

In general, a person does not have to put up a fence on their property, but they have to restrain their dog from coming onto your property. Send then a certified letter explaining in detail what problems you are having. ?Point out that if their dog comes onto your property you can call the pound, if you feel endangered can take steps to defend yourself including hitting dog, chasing it off your property, you have right to cut any vegetation coming onto your property [especially pushing your slats] as long as does not kill the plant/tree, if the dog attacks your 101 grandfather or young grandchild since it is likely they would get injured they will be liable for any injuries, while they do not have to fence in the dog since they are on notice it goes off their property they are liable for any damage the dog causes, most states impose absolute liability on the dog owner for any dog bites and the owner does not have to know beforehand the dog is dangerous [situation in California], you have no obligation to have a fence to keep the dog out [or keep it in repair], they have to pay for all damage to your fence, that they can be seen in the nude in their backyard is a public nuisance for which they can be fined, etc. ?If they do not own the house also inform the owner as the landlord might have some liability. ?If there is no response within a reasonable time inform them because of the danger they are creating you will call the dog pound/animal control when necessary, send they a bill for the damage to the fence, cut the vines going onto your property, call the police if needed, etc.
Answered on Sep 15th, 2015 at 5:54 PM

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Personal Injury Attorney serving Salt Lake City, UT at William Enoch Andrews Injury Lawyer
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Utah law requires all dog owners to keep their dogs confined (by a fence, in a doghouse, etc.) and, if out in public, on a leash. Simply call your county animal control office and report the neighbor that owns the dog and is not keeping it confined as required by law. The neighbor is breaking Utah law and endangering the public thereby. Each time a problem happens, call the county animal control again and report it; this will build a good "paper trail" of evidence against the neighbor and help animal control to be able to remove the dog. Also, the "paper trail" of reports will show a pattern of the dog owner breaking Utah law which will be helpful if you, a family member or any other person is injured by being bitten by the neighbor's dog. Good luck to you and your family.
Answered on Sep 15th, 2015 at 4:51 PM

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James Eugene Hasser
Sounds like you need to call Animal Control and file a complaint.
Answered on Sep 14th, 2015 at 6:32 PM

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Lisa Hurtado McDonnell
You can not force them to pay for a fence. You can call the pound if the fog is on your property.
Answered on Sep 14th, 2015 at 5:25 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Call animal control.....if your neighbor is not keeping the dog restrained, they'll pick it up and if the dog bites anyone, they will probably euthanize it.
Answered on Sep 14th, 2015 at 4:06 PM

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Ronald A. Steinberg
Make a police report. The dog owner is required by law to restrain their dog. If that doesn't work, the dog should "disappear."
Answered on Sep 14th, 2015 at 4:01 PM

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