What do we say?

[lostpleasehelp]

What is the name of your state? Colorado

We live in an older area with huge lots. Our back fence is shared with one neighbor. The boards are on there side. The fence boards are still in good shape but they were put up with those contractor staples. All the boards on our side of the fence (on other ends of the yard) we have gone through and put roofing nails in place of the staples. Well our back neighbor hasnt.

They have a little yappy dog who barks. I have/had a big 85lb mixed dog who would see what the little yappy one was barking at. If he put his weight on the boards they would fall down. This happened once and the neighbors left a note to have us call them. We called them. They let us know that our dog put his weight on the boards they fell down and he went to there yard. She stated he was a nice dog and she had no problems putting him back in our yard (this was about 5 months ago.) We went on a 4 day vaction. Leaving two of our dogs in our backyard and our next door neighbor was taking care of them for us. When we got back we saw a impound notice for two of our dogs on our door (happened a day before we got back.) We went to the pound and got them out of doggie jail. Nothing was stated except that they were found lose. We checked all fences boards and doors and everything was fine. Three days after we were home all day. (We keep two of the dogs fenced into the garage with a babygate (after all this) and when I went out there I saw the gate was knocked down. I go back there and no dogs. I see two boards missing out of the fence I call for my dogs. NOTHING. (its early afternoon.) Open the front door and bam an impound notice again. Saying they were found tresspassing. So we go down to the pound to get them out again. And we are served. The lady behind us pressed charges for our dogs being on her lawn. We paid the impound fees again (300 bucks.) We have paid all the fees and now have a court date. We are upset because its because the have lacked the ablity to re-nail there old boards. And being that the wood is not on my side I cant do this. We have been told not to have contact with them. So in the mean time we had to give our big baby mut to a new home. Cause we cant afford the impound fees and because these people arent gonna fix the fence. My question is who is responsiable for the fence? I don't know what to do. I feel horriable because we have a huge lot and our dogs love to play. But im scared to death this lady his gonna do whatever she can to make us unhappy.
Please let me know what we should say or do in court to prove that this isnt our dogs fault. Its from there lack of re-nailing and there yappy dog.

Thank you. Im sorry its long.

[nextwife]

To begin with, I don't understand how you could continually take chances with the safety of your dogs? If the fence was precarious, you shouldn't have had them running around loose in the back. You certainly shouldn't have gone on vacation and left them in the backyard, regardless of whether there was a neighbor checking or not. When I was unable to use the fenced back yard we had (mama raccoon and four babies under the deck- I didn't want my dog having any raccoon encounters, so after about 4 pm, I'd stop using the back and put him out, when he needed to go, on a cable/trolly system I rigged in the front. You could have easilly hung a trolly or line in your backyard and constrained your dog, while still allowing him the run of the yard)

What if there had been dangerous weather? What about their safety? You were irresponsible by risking your dog's safety repeatedly.

[QandA]

It would have been a good idea to have brought this problem up with the neighbor and asked her if there was a way for you to go to her side and do this repair the first time it happened.
I believe that is is not her reponsibility by law to reinforce the fence due to the size of your dog.
Buy new boards. Attach them to the fence facing your side. If that is not possible, build a fence next to hers ( even chain link). Take pictures to court. Show that problem has been fixed.

[lostpleasehelp]

Originally Posted by nextwife

To begin with, I don't understand how you could continually take chances with the safety of your dogs? If the fence was precarious, you shouldn't have had them running around loose in the back. You certainly shouldn't have gone on vacation and left them in the backyard, regardless of whether there was a neighbor checking or not. When I was unable to use the fenced back yard we had (mama raccoon and four babies under the deck- I didn't want my dog having any raccoon encounters, so after about 4 pm, I'd stop using the back and put him out, when he needed to go, on a cable/trolly system I rigged in the front. You could have easilly hung a trolly or line in your backyard and constrained your dog, while still allowing him the run of the yard)

What if there had been dangerous weather? What about their safety? You were irresponsible by risking your dog's safety repeatedly.

My dogs had acess to our whole garage for weather protection, there is also a dog house in the backyard. There had not been any problems for 5 months when we went on vaction.(And it wasnt really a vaction. It was a job interview in another state.) The second time they ended up in the pound it was when they had knocked down a baby gate we had in place. We did attempt to keep them out of the back yard and only allow them to have acess when we were around.

[lostpleasehelp]

Originally Posted by QandA

It would have been a good idea to have brought this problem up with the neighbor and asked her if there was a way for you to go to her side and do this repair the first time it happened.
I believe that is is not her reponsibility by law to reinforce the fence due to the size of your dog.
Buy new boards. Attach them to the fence facing your side. If that is not possible, build a fence next to hers ( even chain link). Take pictures to court. Show that problem has been fixed.

When we spoke to her on the phone for the 1st time. We asked them what there plans were. She stated "nothing I just wanted to let you know." We left it at that. The 1st time the dogs got in the pound we had NO CLUE where they found them out. It was not stated to us they were in a neighbors yard or anything....just that they were found lose. Heck im not sure even now if they were found in there yard the 1st time. The 2nd time we only know because of the charges she pressed (well they didnt tell us what neighbor it was we only know because of seeing her name on the paper work.) Mind you the impound put a notice on our door while we were home. He never even knocked on our door.

[gawm]

Originally Posted by nextwife

To begin with, I don't understand how you could continually take chances with the safety of your dogs? If the fence was precarious, you shouldn't have had them running around loose in the back. You certainly shouldn't have gone on vacation and left them in the backyard, regardless of whether there was a neighbor checking or not. When I was unable to use the fenced back yard we had (mama raccoon and four babies under the deck- I didn't want my dog having any raccoon encounters, so after about 4 pm, I'd stop using the back and put him out, when he needed to go, on a cable/trolly system I rigged in the front. You could have easilly hung a trolly or line in your backyard and constrained your dog, while still allowing him the run of the yard)

What if there had been dangerous weather? What about their safety? You were irresponsible by risking your dog's safety repeatedly.

Good post!

[lostpleasehelp]

Ok this is not about the dogs. I understand what happened. Hence why we got them out of the pound both times. And why our big dog has found a new home. My question is who is responsible for the fence in this case. What steps we can go about making sure the fence is taken care of since they have not?

If you would like to attack someone about the dogs then go to the people who allow there dogs to roam the streets and abuse them and dont take care of there pets.

[las365]

Maybe you missed this:

Buy new boards. Attach them to the fence facing your side. If that is not possible, build a fence next to hers ( even chain link).

[lostpleasehelp]

Originally Posted by las365

Maybe you missed this:

I was just told that dogs dont like chicken wire. Would this be sufficent to the courts that we have taken our steps to make this situation better.

[PghREA]

Originally Posted by lostpleasehelp

Ok this is not about the dogs. I understand what happened. Hence why we got them out of the pound both times. And why our big dog has found a new home. My question is who is responsible for the fence in this case. What steps we can go about making sure the fence is taken care of since they have not?

If you would like to attack someone about the dogs then go to the people who allow there dogs to roam the streets and abuse them and dont take care of there pets.

It is YOUR responsibility to keep YOUR dogs in YOUR yard. The neighbor is not responsible to fix HER fence to keep YOUR dogs out of her yard. You need to install YOUR own fence across the back of YOUR property.

Also, you should never leave the dogs outside unattended while YOUR out of town, it dosn't matter if it is a vacation or a job interview. If fact, they should be inside (or tied up) anytime you are away from the house.


FYI - There - means in that place
Their - means thoes people

[nextwife]

Originally Posted by PghREA

If fact, they should be inside (or tied up) anytime you are away from the house.

Such a simple concept! Why is that so hard for people to understand?