Asheboro, NC asked in Real Estate Law, Animal / Dog Law and Civil Rights for North Carolina

Q: My neighbors are renters and they have three dogs outside that are always barking anytime I'm in my yard.

Also one of them comes on to my property to attack my dogs threw my fence, which is 25 feet from my property line. I've talked to them and nothing has changed and the police haven't done anything also..Is there a way to sue them or the homeowners to put up a fence at the property line?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I understand you're dealing with a frustrating situation with your neighbors' dogs. Let me break down the legal aspects of your question:

1. Barking dogs:

Excessive dog barking can often be considered a nuisance under local noise ordinances. Since you've already contacted the police without results, you may want to:

- Document the frequency and duration of the barking

- Check Asheboro's specific noise ordinances

- File a formal complaint with the city's animal control or code enforcement department

2. Dog coming onto your property:

This could be considered trespassing and a potential danger. You should:

- Document each incident with dates and times

- Take photos or video if possible

- Report these incidents to animal control

3. Suing the renters or homeowners:

You may have grounds for a civil lawsuit based on nuisance and potentially negligence. However, lawsuits can be costly and time-consuming. Before considering this option, you might:

- Send a formal written complaint to both the renters and the property owners

- Consider mediation as a less expensive alternative to a lawsuit

4. Forcing installation of a fence:

It's generally difficult to force someone to install a fence on their property. However, if you can prove ongoing issues, you might be able to get a court order requiring them to better contain their dogs.

5. Other options:

- Check if there are limits on the number of dogs allowed per household in Asheboro

- Look into whether the dogs are properly licensed and vaccinated

Before pursuing legal action, I'd recommend:

1. Documenting everything thoroughly

2. Escalating your complaints to higher levels in local government

3. Consulting with a local attorney who specializes in property disputes or animal law

Remember, laws can vary significantly by location, so it's important to check Asheboro and North Carolina-specific regulations. A local attorney would be best equipped to advise you on your specific situation and the most effective course of action.

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