New Neighbor...Police Officer

[ENigma1]

Here's the story...

This officer recently purchase and built a house on an adjacent lot. He is to move in in the next week or so. It all started about 6 months ago when they first came and visited the property and learned that we have dogs, 2 in fact. Our dogs bark and is never out of our property. Our property is fenced and gates are always closed. We have a ~3 acre property and have lived there for almost 30 years...

Well, this police officer keeps on threatening my parents that he will not stand for my dogs barking when they are outside the house. His reasoning is that he works swing shifts and must sleep sometimes during the day when we let our dogs out for prolly 1-2 hours at a time. What is the law against this? What can we do?

Another problem he has is that our fence is not good enough for his new gate that he will soon install. And that he wants us to change our fence to suit his needs. Our fence is bordering his property and ours, just for reference. What is the law about this? What can we do?

Also, his trees, which are in his property, is uprooting and damaging our chainlink fence. He said that he likes the trees and will not fix it. The trees are right on the fence and partially showing some of the roots into our property. It is also dropping insane amount of leaves and broken branches into our property.

He also stated that he will have 2 dogs in his property and his kids will not be endangered by our 2 dogs which are harmless and are never out of our property. They do bark and that's because 2 sides of our property is on the street, which most dogs, will do.

Thanks,
Dennis

 

[seniorjudge]

Q: What can we do?

A: Shut the dogs up.

 

[standUP]

Q: What can we do?

A: Shut the dogs up.

Seriously? That's it? That really doesn't help and only addresses one of the issues. Even if that is the bottom line, that we would have to make them not bark, we are looking for specific laws, or a point in their direction, that would enforce us to make it happen. Now, if you're going to tell us to go look it up... HI, that's what we're trying to do here and elsewhere. Constructive advice would be most appreciated.

I'm sorry, but I'm not going to just make my dogs stop barking all together; that's absurd, IMO. Dogs bark, that's what they do. My dogs do NOT bark excessively and, when they do bark, we make them stop or bring them in the house. But that doesn't seem to be good enough for our new neighbor.

Basically, it's to the point of bullying and almost harassment. He expects us to compromise our property that we have lived on for over 20yrs and owned for over twice as long, yet he seems to think that he doesn't need to comprise anything himself because he's a cop and, therefore, has special privileges that allow him to "make" us do as he likes.

 

[ENigma1]

Q: What can we do?

A: Shut the dogs up.

Do you really believe that shutting the dogs up will help with the situation? Isn't that what dogs do is to warn their owners of incoming unknown people?

Also, the other neighbor on top of the hill has a dog also that barks at people, but the new neighbor seems to not be affected by it, only by ours.

They don't just bark for the hell of it, they are there for what they do, warn & guard the owners.

Thanks
Dennis

 

[calalily]

Your city should have laws/codes that cover the trees and fence and barking dogs. If this man is inappropriately using his status as a police officer(threatening you using his job) you can report him to his commander. But maybe you are intimidated by his being a police officer rather than him actually using it. You have the right to remove the roots of the tree from your portion of the property, but may not damage or kill the tree when doing this. You may also cut the branches off that hang over into your yard but once again may not damage or kill the tree. The fence if it is on your property (not property line), and not on any portion of his property is yours to do with as you please but it must be up to your city's code. Before acting on any of the above, trees, fence, etc...you must check your city's laws and codes. It is recommended that you communicate through certified return receipt mail when informing your neighbor of your intentions to remove the tree roots from your side of the property, or remove the overhanging branches from your side of the property. As far as the dogs go you could install anti-barking devices along the fence line that is adjacent to his property. They would mount on the fence or trees on your side of the property and run on batteries. They cost from $100.00 on up and cover a certain footage like 40 ft , 100ft. etc... You could take him to court about the trees and sue for the damages to your property/fence that it is causing, but the fall out between you all may not be worth it. This is where you would begin by sending the certified return receipt letters requesting that he fix the problem and quote the city ordinance or laws that support your claim. Same with the fence, quotes the oridinace/law that suports your claim that you do not have to change your fence...BUT make sure it is up to code or he could report you. I do believe that an anit-barking device is a good idea and that would support your willingness to any city official that gets involved that you are attempting to rectify the problems. BUT it is weird he will have two dogs...and they probably bark too. He sounds like a control freak and real jerk.

 

[standUP]

^^THANK YOU for a great and CONSTRUCTIVE reply.

We did do some more research on the county ordinances regarding the trees and dogs, but haven't gotten down to the city level, yet. Next, I will get the appropriate papers that show the property lines and such.

He HAS verbally made a POINT about the fact that he is a sherrif. He hasn't, yet, directly used his job to threaten us, only indirectly which I think should be enough and shame on him. He IS abusing his power to intimidate ELDERLY people; of all people, he should be respectful. My mom has called the police department to see if there is anything we can do as a complaint against an officer. It took us a while to get his name and his patrol car # which he was bringing to visit his property often and most likely while on duty.
He also felt the need to point out that his house, when built (which it is now), will be over 4,000sq ft. He's a real snobby SOB.

The most unfortunate part is that compromising our property for this jerk is going to cost some money and my parents live off of SSI. They've lived here this way for over 20yrs and all of a sudden this guy thinks he runs the whole neighborhood.