Annoyance & Nuisance

[myra]

What is the name of your state?What is the name of your state? North Carolina

Would like to know, What our legal rights may be,

Our neighbors have enclosed with fencing, their dog lot up to our property line, and using 50 feet of our privacy fence as the back fence for their dog lot.With this dog lot in this location,Our life style will be altered indefinitely
We have reported this problem, to H/O/A they say these people, have a right to do what they want to do on their property,

MY ?
#1-Do our neighbors have a right to use our fence as their own, as part of their dog lot?
Do we have any legal recourse?

Thanks,
Myra,

 

[freespeech]

Well you can take the fence down and then they will probably just put up that section again. Unless otherwise prohibited by the HOA or local ordinace they can do as they please on their property.

 

[Shel77]

Assuming you got a survey prior to installing your fence, how far in from the actual property line was your fence installed? If it is a few inches or more you can tell the neighbor with the "dog lot" that he may not connect his fence to your existing fence which would technically be trespassing / encroaching onto your property.

He would then have a gap between the fencing sections and his dog would likely escape. I would assume then he would need to build an additional section of fence either somewhere else or put another fence parallel to your fence either way it will keep the dog from damaging your fence.

If you did not get a survey then you would need to do so. Or, if you placed your fence on the property line you don't have much choice unless you want to move your fence further onto your property.

 

[myra]

Yes, the property was surveyed and our fence is 6 inches from property line on our property,
Their fence is not attached to our fence,however there is a very small gap between their fence and our fence, anyway, there are three dogs all large.

We don't understand (Why) anyone could use our property for their on personal use legally.

We suppose what we plan on doing is legal,

They are using 50 feet of our privacy fence, as part of their dog lot.Our screened in porch is now overlooking a dog lot.yes, its that close. these neighbors have .a vey large back yard but have chosen to locate their dog lot, on their property, where they can use our fence. they are also new neighbors of one month.
.
We're going to take 2 sections of our fence down that goes into their dog lot (forcing) them to put up their own fence,and if they do,when the dogs have created annoyance and Nuisance for us. we plan on calling and report it, also keeping records dates etc.from what little I understand, a civil
suit can be filed

I appreciate your reply, very helpful,
Myra,