How to Handle Neighbors Dogs

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Allegra

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We have a large corner lot with a huge back yard where our kids love to play. The yard is fenced with a standard chain link fence. Recently, we have had neighbors move into one of the homes behind ours. They have three dogs that all appear to be pit bulls or pit bull mixes. Based on what I’ve seen, I would describe the temperament of the dogs as extremely hyper and aggressive. When we are playing in the yard, the dogs bark and growl at us and jump up on the fence. The largest of the three easily gets both front paws and his head over the top of the fence and could reach over the fence to bite one of my children if I allowed them to get close. I’m annoyed that I have to quarantine my children to one side of my own yard because other people feel the need to keep aggressive animals as pets, but I can put up with that.

What had really heightened my concern is that earlier this week, we found one of their dogs IN our yard! Apparently it climbed over the fence. Now I’m very worried about letting my kids play in the yard. We were out yesterday and she let the dogs out and I made the kids come inside, which they were rightfully upset about. It would only take a few seconds for one of those dogs to be in my yard tearing my kids’ face off. I couldn’t even cross the yard fast enough to save them if I ran full blast. It’s obnoxious that we’re being bullied out of our own yard by these people, but I don’t know what else to do. Six foot fences aren’t allowed in our subdivision, but they may allow slightly higher ones. We can’t really afford to have one put in right now though.

Plus, when the school year starts again, we hope to have a nanny and the kids will be home while I’m at work and will want to play in the yard. I don’t really know the best way to handle this. If the dog gets out again I will absolutely take photos and report it to the police, but I’m concerned about the damage the dogs could do in the meantime. I’ve actually set a bat by the back door in case it comes into the yard while my kids are out there, but I don’t really feel safe with that either because the yard is so big and it would take forever for me to get across it. I don’t really know what to do about it. Can I ask the neighbor to tether their dogs when they’re outside? I’m sure like most pitbull owners, they are convinced their dogs are “nanny dogs” who would never hurt anyone, but when I went around the front of their house to tell them to come get their dog, they had signs all over the front, warning people about their “crazy” dogs, they’re at least aware that the dogs are aggressive. Any productive advice?
 
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There’s a limit to the height of fencing in our subdivision, and we have an easement across the back of our lot because that’s where the powerlines and other utility stuff is on our street. I’m not sure what our fencing options are because of that. I don’t think privacy fencing would be allowed, though we may be able to raise the height of the chainlink.
 
Your neighbors are already negligent since a dog escaped. They clearly don’t care. I’d discuss this with a police officer and animal control. Also, if you have an HOA, read the rules and report your concerns to the board. If these dogs are pitbulls or a mix, you and your children are in danger. I’ve know two people in my life killed by this breed. You might need something better than a bat if you are attacked. Such animals are very fast and very strong and not quick to leave a fight by simply being tapped with a bat.
 
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Allegra said:
What had really heightened my concern is that earlier this week, we found one of their dogs IN our yard! Apparently it climbed over the fence.
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Start making preparations now. First off, take pictures of these dogs at the fence, and certainly if one makes it over, then. Begin building a case now. Start to read and understand your local ordinances involving dogs and aggressive breeds. Document everything.

Make your concerns known to your new neighbors in ways you can prove later. Not just a knock on the door, but by a certified letter. This will alert them to your concerns, and demonstrate at the same time you are taking steps, and taking your children’s safety very seriously.

Finally, I would consider installing a higher fence, maybe a high wooden fence within your current one, or a wooden topper. Not fair I know, but life is not always fair. If you can’t afford it, you can’t afford it, but it is at least worth looking into. Dog attacks such as these, can be life altering or ending events.

Sorry to be so dramatic, but I believe in being prepared.
 
Allegra said:
There’s a limit to the height of fencing in our subdivision, and we have an easement across the back of our lot because that’s where the powerlines and other utility stuff is on our street. I’m not sure what our fencing options are because of that. I don’t think privacy fencing would be allowed, though we may be able to raise the height of the chainlink.
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The dogs can climb chainlink. I’d check your covenants just to be sure. Privacy fencing is only about 6.5 feet high. There are also other types of solid fencing that aren’t that high, and that’s what I’d put up.

They tried this in military housing. My dog is a pushover (unless you break in, ha ha), but he’s still an 87 pound Belgian Malinois. He loves to play, and he absolutely adores kids. We turned down two houses on base because of the fencing. They tried to say that chain link is adequate, and I said I can easily hoist myself over standard chain link (which is true - it’s really not that high), so I know it’s no issue for a working type dog. What I feared was him getting excited - and seeing him launch over that fence would likely scare anyone. Not fair to me, not fair to him, and not fair to anyone else, for that matter.

(As it stands, there was a hole in a fence at a friend’s house, and he wouldn’t go through it, even after the other dog did, and the hole was definitely big enough for him - but I still didn’t want to take that chance.)

As it is, they’ve privacy fenced the whole neighborhood, likely for that reason but more likely because a kid can also easily scale it and hurt him or herself. Chain link fencing is just not appropriate in most cases - that’s not a blame in your direction, but I know a lot of HOAs are banning it, and not just because it’s aesthetically unappealing. It’s dangerous.

You’re the one who needs to take the action here. Check your covenants, and change your fencing. You can’t play cop for your neighbors. Removing yourself from that possibility is your best offense.
 
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I don’t think that it’s fair to say at this point that they don’t care. As far as I know, the dog has only escaped one time. It may be that they just underestimated their dog’s escaping power. There was no one in the yard at the time, so I’m not sure why it felt the need to climb the fence. It wasn’t chasing one of us at the time. My concern is, what do they intend to do about it. What is reasonable to expect? Our city does not have breed-specific dog ordinances and they don’t have a history of strictly enforcing dog-at-large ordinances either.
 
Wanted to add if the “wall” of fencing is shared, just have them install the privacy fencing inside the line. No need to battle removing the shared wall. Just chalk it up to, as my husband says, school costing money. I’d rather lose a foot of my property line than deal with the fallout.
 
The problem is that the easement on the back of the property requires that the utility company be able to get their equipment through there. I’ll have to look into what I’m actually allowed to put up.
 
Uhm, no, said the former working dog handler. Not the answer. There are more frequent and serious dog bites from labs and golden retrievers than pit bulls.

Shooting a dog can land you in court, and opens a war people really don’t want a part of. Threatening destruction of someone’s property can get you served by the sheriff.

Change the fencing and let it go.
 
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Allegra said:
The problem is that the easement on the back of the property requires that the utility company be able to get their equipment through there. I’ll have to look into what I’m actually allowed to put up.
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Then you do what we did in South Carolina and you put it on your house’s side of the easement. Just shorten your property line. Doesn’t mean you don’t own it. Just means you’ve eliminated the issue.
 
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I don’t own a gun, so I can’t really shoot it. I also suspect that there are laws against shooting other people’s tagged pets. I just got the idea to ask the police department what they recommend on their facebook page. I specifically asked what conditions I’m allowed to take physical action against the dogs. Obviously, if the dogs were hurting my kids, I wouldn’t care, but I want to know what’s on the books.
 
Then as a lawyer you shouldn’t be advising people to threaten destruction of property.

And yes, there are more bites from other dogs than pits.
 
Allegra said:
I don’t own a gun, so I can’t really shoot it. I also suspect that there are laws against shooting other people’s tagged pets. I just got the idea to ask the police department what they recommend on their facebook page.
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Call and ask. FB is public.
 
What I’m saying is, we may not be allowed to put up a wooden fence there at all. That’s what I need to look in to. There are no wooden fences anywhere in my subdivision. I suspect they aren’t allowed.
 
It’s actually not by my reckoning. I truly cannot think of one instance where being a lawyer gives you permission to tell others to destroy the property of others just because it’s in their yard. We’re not talking about castle doctrine and intruders. A dog is property regardless, and if they’re just in your yard and not attacking anyone, shooting them isn’t worth the legal quagmire. Neither is sending a letter threatening to do so.

I’d hire a lawyer if I got a letter like that in a second.

The fencing is cheaper. Change it.
 
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Allegra said:
Why does that matter?
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Because it just makes more sense to keep your business yours and not that of anyone else. Just call and ask. I wouldn’t ask about “what can I do if my neighbor’s dogs jump the fence” on a public forum with my real name and profile pic attached. They’ll tell you on the phone. We called and asked about shooting poisonous snakes on our property once (good thing we did, actually) because we lived in the city limits. They’ll answer on the phone.
 
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If it is in my fenced yard and nobody is back there, it will leave. If it is in my fenced yard attacking my wife, myself, children or grandchildren, it will leave in a garbage bag. Period.
 
And if it’s attacking that’s reasonable.

Sitting in your yard? No, regardless of breed. Threatening? I’d shoot it myself, regardless of breed.

But I’d change my fencing first, because I really just want a quiet life.
 
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