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Fence/Dog Problem

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andynana

Junior Member
What is the name of your state? Connecticut

My mother-in-law lives in a two-family house that's been in the family since the 1930's, and is part of a planned village built around 1860 to house mill workers (alphabet streets run east/west, number streets run north/south, all corner houses front alpha streets--very cut and dried, with no question of boundary lines). Her's is the first house on the only street (it's a number street) with deeper back yards (mill manager's row). Consequently, her south side boundary is irregular to accommodate the back yards of the two houses facing the alphabet street. Her back yard is a big rectangle with a smaller rectangle cut out of the back left, and is enclosed by a chainlink fence. Same neighbors for 40 years, no problems until the house having that smaller rectangle for a back yard sold a few years ago. The new neighbor bought a dachshund, then another dachsund, then her mother moved in with her poodle.

Of course, none of the dogs would stay in the yard, so rather than fence her own yard, the owner decided to make a 10'x6' kennel by adding two sides (chicken wire) to the existing inside corner formed by my mother-in-law's fence. She took out the grass, put down weedblock and gravel, put in a dog house. She never asked permission to attach to the fence, and my mother-in-law was hesitant to object, not wanting harsh feelings between neighbors, and not understanding the possible ramifications. (She didn't even know what was being put up until she saw the doghouse.) The dogs bark at anything and everything, non-stop. The kennel stinks when it hasn't been cleaned, and when they do hose it off, being slightly uphill, it all runs into my mother-in-law's yard (it's only fifty feet from the fence to mom's back door).

The capper came yesterday when mom had a party (five couples, no children). Beautiful day, so they tried to sit outside, but the dogs would not shut up. Then, one of the ladies, thinking if she made friends, the dogs would quiet down, held her hand out to be sniffed, and, of course, got bitten. The owner came running out saying, "Oh, don't reach over the fence, one of them bites!".So, this woman has contained a dog she knows is a biter by attaching to a fence she does not own that is a minimum of six inches on mom's side of the property line. We've had enough.

Pending finding out exactly where the property line is in relation to the fence, what are our rights in this situation? Do we have to allow someone to attach to our fence if it's not on the property line? If so, is there a difference in attaching on to fence a yard as opposed to making a kennel enclosure? Are there any codes governing how close an animal pen can be to a property line? We prefer to deal with the fence situation first rather than focus on the dogs. Also, the other half of mom's house is empty now, but were she to have a tenant, on whom would the liability fall if a tenent reached through the fence and was bitten? I want to ask the right questions when I go to city hall. We are planning to ask the neighbor to remove the kennel or move it away from the fence, but want to know exactly where we stand in case of problems.

Way too much detail, I know! Appreciate any advise you can give. And, yes, my mother-in-law is way too nice! Thanks for the help!What is the name of your state?
 



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