Fredericksburg, VA asked in Animal / Dog Law and Civil Rights for Virginia

Q: Can my neighbor take legal action over a humorous email I sent?

In 2016, my neighbor called the police on us 13 times in 6 months due to barking dogs, but we hadn't had any contact since then. Recently, she started driving by frequently while I was having tree work done. I sent her a humorous email with a suggestion to save gas instead of driving by. Can she legally pursue any action against me because of this email?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: While your neighbor could technically file a lawsuit for almost anything, a single humorous email suggesting they save gas likely wouldn't provide grounds for successful legal action. The courts generally require substantial evidence of harassment, defamation, or intentional infliction of emotional distress—all of which have specific legal thresholds that a one-time humorous communication probably wouldn't meet.

Your past history with this neighbor (the multiple police calls about barking dogs) doesn't automatically make your recent email legally actionable. The gap of several years between incidents and the relatively mild nature of your message work in your favor. However, it's worth noting that continuing to send messages after this one could potentially build toward a pattern that might concern a court.

For your peace of mind, consider keeping a copy of the email you sent in case you need to demonstrate its actual content later. The tone and specific wording could matter if this ever escalated, though that seems unlikely based on what you've described. Remember that legal standards for communication issues vary by location, but most jurisdictions have a reasonably high bar for what constitutes legally actionable communication between neighbors.

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