Neighbors barking dog.

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  #16  
Old 03-11-2013, 10:19 AM
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Originally Posted by janmcn View Post
When my dogs were puppies, they apparently barked incessantly when I went out to dinner and left them alone. Early the next morning, the Sumter County Sheriff's office was at my door. They will not put up with this barking. BTW, it never happened again.
Do I dare ask how you cured the problem???
  #17  
Old 03-11-2013, 10:27 AM
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OP - are these new neighbors or a new dog? We have moved several times and I can speak from experience that my dogs would bark in a new surrounding until they understood it was a safe place. I don't have barkers, but there is an adjustment period. Hope that is the case for you.

Speaking of restrictions - the other night I was outside with my pooch and could actually hear my husband snoring right through the walls - can I send him to the shelter?


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  #18  
Old 03-11-2013, 10:30 AM
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I hope someone has seen the dogs owner in awhile.
If this is unusual for this dog to be barking all the time there maybe somthing wrong in that house.
Owner in distress or missing.
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  #19  
Old 03-11-2013, 11:39 AM
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I hope someone has seen the dogs owner in awhile.
If this is unusual for this dog to be barking all the time there maybe somthing wrong in that house.
Owner in distress or missing.
very good point.
  #20  
Old 03-11-2013, 01:35 PM
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Originally Posted by gomoho View Post
OP - are these new neighbors or a new dog? We have moved several times and I can speak from experience that my dogs would bark in a new surrounding until they understood it was a safe place. I don't have barkers, but there is an adjustment period. Hope that is the case for you.

Speaking of restrictions - the other night I was outside with my pooch and could actually hear my husband snoring right through the walls - can I send him to the shelter?
Great idea! A temporary shelter for snorers!!!! (I'll send my DH once in awhile).
  #21  
Old 03-11-2013, 02:15 PM
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As was stated, you are entitled to QUIET enjoyment of your property whether expressed in writing or not. It can be implied as you have a right to unimpaired use.

A barking dog is considered a nuisance that interferes with the physical condition of the land and comfort, convenience or health (mental) of a neighbor.

If a friendly negotiation or visit by the authorities does not alleviate the situation, there are other legal remedies.

A private or public nuisance is a tort (civil wrong). Redress for the nuisance can be monetary damages or injunctive (abatement) orders by a judge.

BTW, this applies to cats, as well. I'm not an attorney and never played one on T.V.
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  #22  
Old 03-11-2013, 02:18 PM
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Is it time to call the dog catcher?
  #23  
Old 03-11-2013, 03:17 PM
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I think the owners need to learn how to train the dog or call a professional trainer, this is not rocket science.

Talk to them

But if you want to be a creep call animal control

"It is a violation of County Code 4-7 to allow any dog to bark continuously"

But the dog will wind up well U know!!!!
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  #24  
Old 03-11-2013, 03:31 PM
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Originally Posted by gomoho View Post
OP - are these new neighbors or a new dog? We have moved several times and I can speak from experience that my dogs would bark in a new surrounding until they understood it was a safe place. I don't have barkers, but there is an adjustment period. Hope that is the case for you.

Speaking of restrictions - the other night I was outside with my pooch and could actually hear my husband snoring right through the walls - can I send him to the shelter?
hmmm, wonder if a no bark collar would work on a snorer??
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  #25  
Old 03-11-2013, 03:48 PM
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Originally Posted by jimbo2012 View Post
I think the owners need to learn how to train the dog or call a professional trainer, this is not rocket science.

Talk to them

But if you want to be a creep call animal control

"It is a violation of County Code 4-7 to allow any dog to bark continuously"

But the dog will wind up well U know!!!!
Even rocket science isnt difficult for a rocket scientist! But thats not the point. This thread is not about what the dog owners could/should do, its about what the OP can reasonably do. To infer that taking action against their neighbor (if discussion doesn't work) will result in the dog being put down is just wrong. And based on the demographics here in TV, I sincerely doubt that a complaint will result in that.
  #26  
Old 03-11-2013, 04:18 PM
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hmmm, wonder if a no bark collar would work on a snorer??

Noooo how about a stuffing a sock in the mouth?
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  #27  
Old 03-11-2013, 05:33 PM
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Originally Posted by eremite06 View Post
As was stated, you are entitled to QUIET enjoyment of your property whether expressed in writing or not. It can be implied as you have a right to unimpaired use.

A barking dog is considered a nuisance that interferes with the physical condition of the land and comfort, convenience or health (mental) of a neighbor.

If a friendly negotiation or visit by the authorities does not alleviate the situation, there are other legal remedies.

A private or public nuisance is a tort (civil wrong). Redress for the nuisance can be monetary damages or injunctive (abatement) orders by a judge.

BTW, this applies to cats, as well. I'm not an attorney and never played one on T.V.
"Quiet Enjoyment" does not mean you have the right to have it quiet around your property - it means that no one should come banging on your door claiming the property as their own.
  #28  
Old 03-11-2013, 06:00 PM
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Ok this is what you may be referring to?

Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesn't include visitors or those who aren't considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.

Legally, the term nuisance is traditionally used in three ways:

to describe an activity or condition that is harmful or annoying to others (e.g., indecent conduct, a rubbish heap or a smoking chimney)
to describe the harm caused by the before-mentioned activity or condition (e.g., loud noises or objectionable odors)
to describe a legal liability that arises from the combination of the two.[2] However, the "interference" was not the result of a neighbor stealing land or trespassing on the land. Instead, it arose from activities taking place on another person's land that affected the enjoyment of that land.[3]

The law of nuisance was created to stop such bothersome activities or conduct when they unreasonably interfered either with the rights of other private landowners (i.e., private nuisance) or with the rights of the general public (i.e., public nuisance)

A public nuisance is an unreasonable interference with the public's right to property. It includes conduct that interferes with public health, safety, peace or convenience. The unreasonableness may be evidenced by statute, or by the nature of the act, including how long, and how bad, the effects of the activity may be.[4]

A private nuisance is simply a violation of one's use of quiet enjoyment of land. It doesn't include trespass.[5]

To be a nuisance, the level of interference must rise above the merely aesthetic. For example: if your neighbour paints their house purple, it may offend you; however, it doesn't rise to the level of nuisance. In most cases, normal uses of a property that can constitute quiet enjoyment cannot be restrained in nuisance either. For example, the sound of a crying baby may be annoying, but it is an expected part of quiet enjoyment of property and does not constitute a nuisance.
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  #29  
Old 03-11-2013, 06:26 PM
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Originally Posted by gomoho View Post
"Quiet Enjoyment" does not mean you have the right to have it quiet around your property - it means that no one should come banging on your door claiming the property as their own.
Actually, quiet DOES go beyond the literal sense......any unreasonable, unwarranted and/or unlawful use of property which causes inconvenience or damage to others, ie., neighbors, is considered a nuisance and violates your right as a landowner, to have quiet enjoyment of your property.

When you refer to someone knocking on your door, you get into tresspass. When they make unreasonable claim to your property, that is adverse possession.

Any of these will be up to a court to decide.
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  #30  
Old 03-11-2013, 06:44 PM
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Definitely talk to the neighbors FIRST. I personally would appreciate the communication before getting a notice on the door.
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