Girlfriend's Neighbors Dog Killed Her Dog in Her yard....

[dmarie123]

I'm not a lawyer, and you might be right, but legally, it was both owner's fence.

However, fence or not, that dog owner is responsible for the action of her dogs. The fence might not even matter, what might be the only thing that matters is the fact that their dogs were uncontrolled on your gf's property.

Also, make sure your GF thinks that the $2,500 is worth making a permanant enemy of the neighbor. These things can turn ugle. Next thing you know, the neighbor will be calling animal control everytime your GF's dog barks, calling the HOA and complaining every time a weed grows in your GF's grass, and creating all kinds of headaches. Neighbors can make each other's lives very difficult. She will make an enemy for years to come if she doesn't let it go. Surely you can see that your GF and her father could have paid for the shared fence repairs. If the neighbor repaired it the last few times, I wouldn't have done it this time either. It's a shared responsibility and your GF and dad shouldn't take advantage of her generosity by requiring her to repair the fence time and time again, and not taking any initiative to repair it this time, when they clearly knew it needed repair.

Just my 2 sense... that neighbor can make life miserable until your GF decides to move...something to consider.

[navi243]

Great advice. Luckily they are building a house at the begining of the year, so they do not care if it turns ugly. She was actually very rude last night, and not compasionate at all. My GF and her father tried to fix things nicely, but she doesn't want to.

The leash law in the tate of Texas states the following:

“All dogs and cats must be confined to their owner’s property at all times except when on a leash. Animal-care officers have the legal authority to enter unenclosed front yards of private property to impound unrestrained animals.”

Clearly regardless of the fence she is not in compliance with this law.

With regards to the fence, I see your point. My GF nor her father had ever asked her to repair the fence until the first time her dogs got into my GFs yard about 2 years ago.

During the past 10 years she has taken it upon herself to repair the fence as the posts that hold up the privacy fence are on her property. None of the sustaining posts are on my GFs property.

[goodmanm]

Originally Posted by dmarie123

I'm not a lawyer, and you might be right, but legally, it was both owner's fence.

I don't see how that can be the case unless the fence is square on the property line.

If it's inside their property line it's their fence.

Both of my side fences in my backyard are like that, I don't touch them without my neighbor's permission.

[navi243]

Goodmanm

One of the attorneys in my office also said the same thing. She advised me to look into the property lines of the house. Im going to be willing to bet that they are on her side of the property line because that is where the posts to sustain the fence are. Hopefully it is the case, because that will only solidfy this case for my GF and her father.

[thedwightguy]

So I'm reading these dog death posts (not just this one) and people have large dogs, 3,500. small dogs, new cars, and presumably larger food bills, but the FENCE is identified in more than just this post as obviously inadequate, falling down, and old. Time for priorities?

Fencing, pre-made panels, are inexpensive. While you're channeling for a deep fence for dogs' digging set aside a control pen and fill it with crushed for dog poo poo. I had two friends with big, big dogs and we put away a lot of beer but didn't spend 1,500. and raised the fence height to nine feet, the city limit.

I've never leased land without having to upgrade the fence. Keeps everyone happy in the long run.

[txtea]

You sure like digging up old threads. It's been 3 1/2 years....i'm sure it's been resolved by now.