Fence Problem with Neighbor

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chonkod

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I replaced my old wooden fence with a new PVC vinyl hurricane fence last October. The fence is on my property as it needed to be installed 6 inches from my property line. Lat week, my neighbor behind me started attaching a bamboo type of fencing to my fence using a stapler gun. I went over and asked them to remove it and they refused saying they could do what they wanted in their yard. I then told them them that they needed to remove it and I would have the fence company come out to inspect it for any damages that may void the lifetime warranty. They said they would not allow anyone from the fence company on their property. Since we are in a deed-restricted community, I emailed the Homeowners Association but also wanted to see what my legal rights are. I am also concerned because when I mentioned contacting the Homeowners Association, I heard them say something about contacting them about my dogs. My dogs are inside but are let out in the yard as needed. They are not kept in the yard. They do bark if the neighbors' dog is out or if they hear someone but I always make sure to get them inside as quickly as possible.
So I guess I have two questions--the one about the fence and another about what are the laws concerning barking dogs.:confused:
 
If the fence is on your property, not on theirs, (the 6 inches inside your line), then they have no right to attach anything to it. Do you have a property survey showing absolutely that the fence is on your property not theirs with the 6 inches in between? If they have damaged your fence and it's warrenty you may be able to take them to small claims court to recoup your loss. As for your dogs, does your Homeowner's Association allow dogs? Yours are inside, so I don't think you have a problem. I am sure their dogs bark too.
 
Yes, my Homeowner's Association allows dogs. Ours bark if they are outside sometimes but they are indoor dogs. There are many other dogs who also bark when they are out so I hope they don't say that mine are a "nuisance." I understand that that can be a problem if there are two separate houses who say that there is a problem.

The new PVC fence replaced the old wooden one that was put up many years ago. We have a survey from the original fence company clearly showing it is on our property.

I've heard from the management company of my Homeowners Association and they are going to handle the problem. A letter is going out to them and they are sending me a blind copy. They said that no structure can be put up without first having approval from them so they will have to take it down. It's in our documents. I also informed them that the neighbors put up their wooden fence on the side of their house a few months ago so they probably didn't have approval on that either. At this point, they do not want me having any contact with the neighbors or talking to them about this problem. They are going to handle everything and keep me informed.

I also mentioned the comment about complaining about my dogs so they have a record of the threat, if and when it happens.
 
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