Question
Our neighbor sent us a letter threatening legal action if our dogs enter their yard again. They also contacted our landlord about the issue. Our fence, which is 21 years old, needs replacement, but our landlord refuses to do so. Recently, after a storm, a fence post was down, and our dogs entered their yard. We promptly called them, and they came over right away. Despite this, the neighbor sent us a nasty letter. My husband immediately fixed the fence afterward. Do they have a legal case against us?
Answer
As the expression goes, “Good fences make good neighbors.” This expression is particularly relevant in the situation you described. It is unfortunate that the fence was not fixed much sooner. To be successful in their lawsuit alleging negligence, people typically need to prove that they suffered damages, such as being injured or their property being damaged. Even if their chances of winning a lawsuit are slim, that doesn’t necessarily stop some people from commencing a lawsuit. Animal control may also be contacted when dogs are found off their “parent’s” property. Depending on the law in the municipality and the circumstances, the dog’s “parent” may be fined for violating a leash law and the dog may be taken to a shelter. I am happy to hear that the fence is fixed!
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