unfriendly neighbor

[Scrapper's Mom]

As well-meaning as we are here on BW, when it comes to your legal rights, consult an attorney. Don't make a decision based on something you read here, other than the decision to explore the matter further with an expert. Even though the fence was there before you moved in, you very well could still have rights, either against the neighbor, the previous owner of your property, the real estate broker and/or the title company that wrote the title insurance policy. Any, or all, or none of them. But now that you know about this issue, you need to find out, because if you wait, you may be considered to have "waived" any objections (that means the law says "they knew about it and didn't do anything, so we can assume they don't care and after a certain amount of time won't allow them to enforce their rights). And there are statutes of limitation to consider - i.e., specific times within which you must act or be barred. So, bottom line, consult an attorney to find out. Usually every county has a lawyer referral service or, a legal aid for those who need a little help with their lawyer bills. Make some phone calls. Good luck.

 

[kgf73]

I worked for a county zoning code compliance agency a little while back. You should call a zoning inspector in your county and find out what the setbacks are for a fence. For the most part there is usually a setback from the property line that a fence can legally be built...let alone built to or past. Ask his opinion on said situation, possibly make a complaint, and once he makes his inspection, if she is found in violation, he should be able to handle it from there.

If she is found in violation, and doesn't comply usually within two weeks they will issue a violation ticket, and if she still doesn't comply, the county will take her to court. You may not need to get involved at all. By the by...you can either make an anonymous complaint or leave your name and number. If you decide to do it anonymous you can still ask for status of case. They will usually give you a tracking number.

But remember - if you do leave your name and number then it becomes public record and she, or anybody for that matter, can find out who made the complaint. And in case you're wondering if it is in violation why hasn't someone already done something about it...most things aren't caught and aren't in violation until someone does make a formal complaint.

This is one of the reasons you pay county taxes, so let the county officials do the dirty work. Good luck!

 

[jmb9101]

good luck

good luck with your wacko neighbor. its too bad that she has you sad about buying your house...purchasing a house is supposed to be a happy thing. i would def. take the advice of all the members, and maybe even let the dogs out more often (hee hee) she deserves it! there is def. no law saying that you cant take your dogs out...i dont even have to look in a law book to see if that true either. when dogs gotta go they gotta go...i would tell her you dont want her to let out her dog during the time you get home because it makes your dogs bark...haha...then see if she is dumb enough to agree! what a nut! you cant ask a dog to hold it like you might be able to with a human! tell her to get a life and worry about her self. try to enjoy your new house tho!!!

 

[luvfritz]

Now we all know why the previous owners moved! Even if they didn't own a dog - this nutcase would find something to complain about. She's a teacher - I'd hate to have her teaching my child:( I can't see how listening to barking dogs for 20 mins in the morning is a big deal. Perhaps on the weekend your husband can go out and mow the lawn at the same time the dogs are out Give her something to really worry about Here construction jobs are allowed to start at 7am - so if a worker wants drill into a street for a solid hour they are legally able to do it. Now that's noise :D

Barb

 

[Thomas Liggin]

People like this nut usually fall into one of two categories. They are either all bluster, and live to complain and gripe about others, or they call the police on every occasion when they feel aggrieved.

In either case, they enjoy confrontations. I have found the best response is to smile and be pleasant, but let her know that you will be letting your dog to do his business regardless of her protestations. If he does bark when he goes out, take him on a leash.

Contacting an attorney is something to consider. You have rights as well. Perhaps a letter from an attorney threatening action if she continues to harass you without cause would shut her up.

You might also contact the appropriate officials in town, putting them on notice of your situation. If they are aware that you are being reasonable and considerate of your neighbors regarding your pets, you will have put them on notice about her. You could also tell them you want to be a good neighbor and ask them for any suggestions they might have to defuse the situation.

That would go a long way in convincing them that it is she that is being unreasonable.

These are steps to protect your rights, they'll do little to change your neighbor's attitude. Perhaps some small kind acts would soften her attitude. She sounds like a bitter, lonely person who is basically unhappy with herself and life in general.

It's a difficult situation, but seems like one you're stuck with for a while. I'd make an attempt to befriend her, or at least to soften her up. She obviously will not be the first to make a conciliatory gesture. If you don't, then you are stuck with a miserable neighbor.

You never know how these things will turn out. You might find a pearl inside that coarse gnarly shell.

With the situation as intolerable as it is, consider a tall stockade fence along the property line if local codes permit. At least you wouldn't have to see her, and she wouldn't be able to see what's going on in your yard. As the saying goes, "Good fences make good neighbors."


Tom

 

[Doggy]

I just wanted to update everyone - I did contact city hall and the police department, our dogs are liscensed and up to date on shots, spayed and neutered, etc. - so there is no law broke there. I told them that this lady threatened to continue calling the police until our dogs are taken from us as they are ruining her health, unless I stop letting them out in the mornings to relieve themselves. They said I have nothing to worry about, if its only one neighbor complaining, and if they park on the street in the mornings when this excessive barking is supposedly happening, and they dont find it going to that extreme, they will tell her to stop calling and wasting their times. what a relief! :D I also talked to the other neighbor, whose house is closer to me and she has no problem with my dogs and said she will tell the police that if they are called, now she is an elderly woman with a poodle - so I think if anyone had a problem with my hyper boxer, it would be her. She also told me some background info on this other neighbor, idle gossip but still nice to know - she cheated on her husband with her married neighbor across the street from her, her husband and her daughter left her, and that guy left his wife, moved in with her, eventually left her and tried to move back in across the street with his ex but she wouldnt take him back so now these two woman have to live across the street from each other. Unreal. I now realized I live on the block of Jerry Springer Central, and so I think the only person I will socialize with is the elderly lady next door to me, but I have to admit it does make me feel a little better to know ms. unreasonable has her own closet so she should just mind her own back yard. The elderly lady said to just ignore her. Good advice. Thanks for all your help. I am having my fiance deal with the fence issue, that can be his area. I dont want to make anymore waves than necessary. But every time I see her I can smirk inside knowing she is not so righteous after all. This morning I watched out the window both times my dogs went outside, and timed it at 5 min. each - and neither one of them barked. Not saying they are perfect, they will surely bark again sometimes, seeing a rabbit or a squirell, another dog barking. Yet, that is natural, and for her to say her health is fading due to us living there for two weeks with our dogs and their supposed non-stop barking is ridiculous. talk to you later.