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Neighbor's dog pees thru fence.
In article ,
Doug Kanter wrote: Zoning laws prevent placing a fence in the appropriate place, and the arrangement of ancient trees on my property prevents relocating the vegetable garden. Remember - I said all legal means had been exhausted. Based on your post (thank you for the situation description, btw), it sounds as if not all legal means have been exhausted. The only remaining legal hope here is a reinterpretation of laws concerning "civil trespass". This is defined as a situation where a neighbor causes or allows substances or objects to enter your property, thereby doing damage. An example would be chemicals sprayed over the property line by a lawn service (or homeowner). If the law included dogs, it would eliminate the need to witness damage. The mere presence of the dog would make the owner a candidate for arrest. I would investigate that legal hope. Also, you have not mentioned if you have spoken to the owner of said dog. You could provide a copy of the videotape to the owner, and inform them of what your rights are and that you have a right to kill their dog if it pees on your vegetable garden. Furthermore, you could (at this point) claim that you are investigating the possibility of civil trespass, and may hold the owner of the dog liable for all damages to your garden. But, none of this can happen unless you speak with the owner. On another tangent, you could complain to your local politicians, providing them with a copy of the videotape as well as a copy of the law, and ask them why they are not upholding their oath of office. I don't think you're done yet. -Geoff |
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