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Neighbors dog, fence, tresspassing, and downspout.

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Levelheaded

Junior Member
What is the name of your state?What is the name of your state? Idaho.

I live in a small subdivision of Patio Homes. There is only 5 feet from my house to the property line and only 5 feet from my neighbors house to the property line. The way my house is built, this is not an issue for me, but my neighbors patio is right next to my house. He has a small dog that uses my yard to deposit crap in. EVERY time I'm in my yard and my neighbor lets his dog out it comes over and barks at me until the owner comes and gets the dog. This has been going on for 1yr 3mos (since we both moved in), and I've tolerated it. Over the winter the dog left 32 pieces of crap in my yard from late November to March 15. I scooped up all the crap and put it in a pile on the corner of his patio. About a month later, he confronted me about the crap on his patio and said if he ever saw that hapen again, he'd throw it into my garden. I explained that I watched his dog on several occasions crap in my yard and how I wanted him to come clean up the crap in a timely mannor (one day). This seems reasonable since I did not demand that he remove the crap at 3am or chase after his dog with a plastic bag and catch the crap before hitting the ground.

I have only had one piece of crap in my yard in the past 3 weeks, so things are getting better in that department, but it does not change the fact that the neighbor and his dog use my yard at will. To fix his roaming dog problem, he wants me to pay for half of a fence ($600) to enclose his back yard/patio. I do not feel that I need a fence since I do not have the roaming, barking, crapping dog. "It's only $600" he said and he's not going to pay for all of it since it will help my resale. I don't see how a fence going around his patio/yard helps my resale when that would be the only fence "on" my property. The HOA states that the fence must be a 4inch green bar type wich may not exceed 4ft in height. Not designed for privacy, but good at keeeping small dogs in (or out). I don't have $600 to spend on a fence for my neighbor nor do I think I should have to pay to keep his dog in his yard.

After our conversation where he threatened "we would have more than words" if anything happend to his dog after I told him to keep and eye on it, he decided that I must be unreasonable. My downspout points towards his yard. When it rains (which is rare- 3 inches this year) water must flow into his yard from my downspout. This might be a problem since it is on the north side of his home and he waters his lawn quite often. To fix the problem, he or his workers dug a hole and ran my downspout via a large tube into the ground on my property. All these changes were made without asking or even advising me of the possible problem.

How do I handle this person?
- I can complain to the HOA, but there is only so much they can do since the rules state the dog must remain in his yard or be on a leash, but it does not have any kind of enforcment.
- Do I call the cops for the tresspassing, but it's only for a few moments while he rounds up his dog.
- Do I call animal control? He is always outside with the dog, so the problems only seem to last a few moments-every time I'm outside.
- Do I send him a letter listing the things I expect of him as a neighbor. i.e. keep your dog in your yard, keep your dog crap out of my yard, keep off my property, do not make changes to my property without my written permision...
- Do I just poor bacon greese on the crap and let the dog take care of the rest?

I feel as though my ability to use my back yard is being restricted due to fear of my neighbor and his dog. He came accross as a strange and arogant individual who is the center of the universe (I can provide an address to anyone who needs to know the exact location of the pivot point for future reference). I fear that the dog may bite me since it has tried to do so in the past.

Help? Thanks for any advice!!
 


PghREA

Senior Member
I think $600 is a small price to pay if it will give you peace of mind. When you moved into the patio home, you knew that your neighbors were going to be really close to you and if this was going to be a problem for you, you should have reconsidered before buying the home. On the other hand, your neighbor should be more responsible about picking up after his dog.
 

BelizeBreeze

Senior Member
THe next time you catch his dog on your property unleased, call Animal control.

And be sure to thank him for the repairs to your home. You might want to also advise him you'll be needing a new roof soon ....;)
 

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