If the tenant’s dogs next door are jumping on my fence and causing damage trying to get to my small dogs, what options do I have?

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If the tenant’s dogs next door are jumping on my fence and causing damage trying to get to my small dogs, what options do I have?

Our neighbor rented his house to someone with 4 large dogs. We have a fenced in yard they do not except for the small fence they attached from their house to ours which is partially on our property. Our fence is about a foot into our property line so a foot on their side of the fence is actually our property. We have talked to the owners and they refuse to build a fence on their property saying it’s stupid when they can share ours. When we explained they’re causing damage to our property and we don’t want to share our fence they basically said oh well. What can we legally do in this situation?

Asked on May 14, 2012 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should be able to sue your neighbors for:

1) the cost to repair any damage their dogs are causing to your property, now that you have provided notice of the damage;

2) for court order (injunctive relief) requiring them to restrain their dogs on their property (fence; invisible fence; dog run; chained up; in house; etc.)

3) for a declaration clarifying property lines and boundaries; and

4) for a court order requiring them to take down any fence or structure on your property.

You have rights; you should speak with a real estate attorney about how best to vindicate them.


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