Protect myself while allowing neighbor to extend invisible fence on my property

[jimonqa]

What is the name of your state (only U.S. law)? Washington

I'd like to allow my neighbor to extend their invisible fence around our property so their dog and ours can play together. What should I do to protect my property rights?

 

[OHRoadwarrior]

Teach the dog to only poop on their portion.

 

[drewguy]

Ask him to sign an agreement that he is doing it with permission and that you can ask him to remove it within 30 days at any time. Since it sounds like you're on good terms you can tell him you don't have any plans to tell him to remove it, but you need the protection.

The reason to have something in writing that he has your permission, and he acknowledges it is that he then cannot claim any kind of adverse possession, which requires occupation that is "hostile" (ie., without permission.)

 

[jimonqa]

Thanks... I figured I needed to document my permission to avoid adverse possession. I also want to be able to alter my property, thus potentially have him remove or move it. I thought I might say something to that effect, but include a phrase like "after 1 year from installation" to ease any concern he may have. Although that only benefits him, not me. I was the one that suggested he extend the fence... my wife loves it when the neighbor dogs come over, poop or not.

 

[drewguy]

I would not provide him with a year. He's asking you for a favor. You can tell him orally that you have no present intention to ask him to move it. If that's not enough for him then you probably don't want to enter into an agreement.

The point of the agreement is not to set all the terms in writing. Rather it's to give you protection against an adverse possession claim. All you need is something proving he's installing it with your permission. Everything else can be oral.

 

[jimonqa]

Good point... I'll take your advice. Thanks.

 

[Washwo]

how about a gate?

We had the same issue, so we had a fence between our property lines with a gate between. THe animals love to run in and out of the gate...AND there's no disputing who's what.

 

[xylene]

In my opinion, this is a terribly idea with TONS of liability risk as well as to your property.

Invisible fencing is a terrible product. It is dangerous and legally speaking is not a proper containment for dogs.

Dogs will charge though invisible fence like it isn't even there.

 

[jimonqa]

My wife and I won't use an invisible fence for our dogs. Some point in the future, we plan to build a physical fence. However, our neighbor prefers the invisible fence against our recommendations. So I invited him to broaden his dog's world by extending his fence around our outer perimeter. His dog is always coming over and this would save his dog from too much confinement.

 

[divona2000]

...and if his dog bites someone while on your property?