How do you know who owns boundary fence ?

T

Texas6023

Member
Jurisdiction
Texas
My neighbor has a Labrador dog clipped on to chain link fence that is between our properties. The fence was up before I moved in and the neighbors are renters that don't know and don't care.

To summarize my problem id like to know if the only way to solve this issue is involving the police? I've asked the neighbor to move the dog and they did for one day. Then they moved the dog back. I've moved the dog myself and te neighbors move him back. The dog is right by my bedroom and I work shift work so I get up at 4 am and sleep is very important to me. On top of this the dog has ripped the chain link enough where he can fit through the hole and end up on my property. And I have kids so to keep me from doing very bad things I'd like to prevent the dog from being a future problem. Ive called code enforcement and they say to call animal control. I've called animal control and they say to call the police. I've called the landlord and they say to call the police. Now is this a legit reason to call the police at 2 am to make the dog stop barking?

What can I do?
 
Wow. I don't envy you having crappy neighbors. I've been there. I lived next to crappy neighbors for 11 years a long time ago until I resigned myself to the fact that they would outlive and outlast me so I sold and moved.

I didn't have any hostility issues and they didn't have a barking dog but they were white trash (can I say that here) and their yard looked like a junk yard. There was a chain link fence between our properties. My driveway, kitchen and living room were on that side of the house. Early on I got tired of looking at their junk yard through the fence so I put up a solid wood fence on my side of the chain link fence about 6 inches to make sure it wouldn't encroach. I bought the ready made fence panels from Home Depot, sunk 4 x 4 fence posts in concrete and put the fence up with the cross members facing the neighbor.

That's what I suggest you do. Otherwise, you'll end up in a pissing contest with them that just won't end.

You can find out easily enough if the fence is on the property line by getting your plat diagram and dimensions from the city or county and doing some measuring. But it isn't going to matter who installed it or who owns it because your neighbor and his landlord won't give a crap and it's going to be a lot cheaper to put up your own fence then to hire a lawyer and go to court over this.

As for the barking dog, animal control typically doesn't come out unless you have captured the dog on your property and call it in as a stray. Then they will come and take custody of the dog and have words with the owner, perhaps fine him. That might satisfy you temporarily but it will only escalate hostilities until the guns come out. ;)(That's written facetiously as your Texas and my Arizona are both gun loving states.)

To report a noise complaint to the police I suggest you first look up and print out your local noise ordinances so you know what you are reporting when you call the police.

I'm a little surprised because Labs aren't known to be barkers. I had one years ago that didn't bark. However, our other family dog was a red-boned hound that barked incessantly. I had to go out at night and turn the hose on him to get him to stop. That usually worked until the next night. Man, that dog was stupid. But he was my ex-wife's dog so that explains I lot. The divorce was a few years later and I went off to a peaceful existence with my Lab.

There is, unfortunately, no magic solution to the problem of crappy neighbors.

Option 1 - lawyer and court. You'll spend a lot of money and never really solve anything as low lifes don't care about laws.

Option 2 - report the barking dog to the police in the middle of the night. That won't solve anything because you'll have to do it every night.

Option 3 - capture the dog next time he gets into your yard and report a stray to animal control. That only escalates the pissing contest.

Option 4 - put up your own solid wood fence. That solution solves a variety of problems for the long haul and maybe you'll get a better set of renters when the current renters are gone.
 
Dang it adjuster jack. Hats off to you buddy. You spoke the truth and I can't argue with that. Sounds like the wooden fence is my option. I was going to do it but then I got angry that I was the one that was having to go through headaches and trouble for a dog that isn't mine. For renters that have been in the neighborhood less time then I've lived in my home. I've caused zero problems for other neighbors But now I'm being shown zero respect by this neighbor.

And you have more authority then I do to say as you please. But that was a "lol"... :)
 
Texas6023 said:
I got angry that I was the one that was having to go through headaches and trouble for a dog that isn't mine.
Click to expand...

Been there, done that, didn't bother getting the t-shirt though.

My current house is on 1.1 acres with a block wall around the property. My neighbors and I get along quite well because we can't see or hear what each other is doing.

Texas6023 said:
And you have more authority then I do to say as you please. But that was a "lol"... :)
Click to expand...

Well, I'm a moderator so I guess I get to moderate myself, so if I don't object it's probably OK.

Whereabouts in Texas are you?
 
South east Texas on the coast. Thanks for so many quick responses adjuster jack. Are you the only one? What is your profession?

There are some good neighbors because I get along with people around the neighborhood. But just not my neighbors. I hate them and there dogs.

I'm actually trying to get some shut eye but the dog is non stop pacing and barking. I could use earplugs but I'm afraid I won't hear my babies crying or my alarm going off at 4 am.
 
Texas6023 said:
South east Texas on the coast.
Click to expand...

Never been there. I've driven through the panhandle a few times and used to visit my daughter and son-in-law many times when they lived in Dallas.

Texas6023 said:
Thanks for so many quick responses adjuster jack. Are you the only one?
Click to expand...

Apparently tonight I am. Everybody else is probably doing something else for the holiday weekend. This site usually has about a half dozen regular volunteers who answer questions, including the attorney, Mike Wechsler, who owns the site and frequently participates.

Texas6023 said:
What is your profession?
Click to expand...

I'm retired from a career in the insurance industry, the last 9 years of which I was a property claim rep. In prior years at various times I was an agent, underwriter, investigator, building inspector.

I have a lifetime of experience in a lot of other areas that I bring to the table: landlord-tenant, divorce, small claims court and many other areas of law that I've learned about in the 15 years I've been volunteering on several legal websites.

I keep a lot of reference material and links on my computer and have access to the laws of every state and can quickly look up appellate case decisions.

I'm not perfect and sometimes I'm wrong. Fortunately, there are those who are wiser than I in several areas where I am lacking and they are quick to come to the rescue.

Texas6023 said:
I'm actually trying to get some shut eye but the dog is non stop pacing and barking. I could use earplugs but I'm afraid I won't hear my babies crying or my alarm going off at 4 am.
Click to expand...

Well, you'd better get to sleep then. It's almost 10 PM here and I'm packing it in for the night, too.

I'll be here tomorrow if you want to continue either of our discussions.
 
Wow. You do have an impressive history of experience. Hopefully I can say the same when I am your age.

I do have many questions but they aren't all on the law. I will look to see if there is a way to message you directly unless it is ok to go off on a tangent right here?

I believe this was in option on the annoying neighbors dog but my wife beat me to the phone last night and had the law dog come bark at the neighbors. They moved the dog at 2 am last night. Hopefully they know it is annoying and keep him quiet from now on. Felt better knowing I wasn't the only one awake because of the dog.

And a small claims question. If I go to small claims and win the judgement. Receive a letter showing I won and what defendant owes. But defendant doesn't have to pay? No one can make defendant pay so when would the plaintiff ever get paid? Could the money get taken when defendant filed federal taxes?
 
Texas6023 said:
I do have many questions but they aren't all on the law. I will look to see if there is a way to message you directly unless it is ok to go off on a tangent right here?
Click to expand...

It's preferable to keep to the thread's topic. I haven't been able to figure out how to message anybody so I sent a note to the boss.

Texas6023 said:
nd a small claims question. If I go to small claims and win the judgement. Receive a letter showing I won and what defendant owes. But defendant doesn't have to pay? No one can make defendant pay so when would the plaintiff ever get paid? Could the money get taken when defendant filed federal taxes?
Click to expand...

Small claims court is for money owed, not to get somebody to do or not do something.

Were you to sue somebody for money and get a judgment you would not be able to intercept government tax refunds.

And, unfortunately, the Texas Constitution prohibits wage garnishment for judgment debts so you are left with levying the judgment debtor's bank account if you know where he banks or attaching non-exempt personal property (often an expensive and time consuming process).

If you don't know where his assets are, you can summon him to court for a Debtor's Examination where he will be compelled to reveal those assets under pain of contempt.

Even then, you can't get anything from somebody who has nothing.

Getting an injunction against somebody so as to stop certain behavior is something else and has to be done in regular court, not small claims.

That can be complicated because of all the technical court procedures and would likely require the services of an attorney = $$$$.
 
Exactly.. So in a nutshell small claims is a waste of defendant and plaintiffs time and money?

That's how I seen it anyway.

Oh and don't forget permanent enemies.
 
Texas6023 said:
Exactly.. So in a nutshell small claims is a waste of defendant and plaintiffs time and money?
Click to expand...

Sometimes, but not always. I've had a few successes. I've also had my share of uncollectible judgments against deadbeat tenants.

Texas6023 said:
Oh and don't forget permanent enemies.
Click to expand...

Yeah, you want to avoid getting into court with neighbors unless it's for something really serious, like he drives his truck through your living room wall.
 
10-4. Yeah I hope nothing crazy like a vehicle ever comes through my home.

But when we can private message I do have a story to tell you. I'm actually still dealing with it right now. May not surprise you but it did me..
 

Share this page

Get a free case review from a lawyer
Back
Top