Legal Question in Real Estate Law in California

Cranky neighbor calling police excessively

One of my neighbors has called the police on several

occasions to complain about the noise of my children

playing in my back yard (more than once), my sprinklers

going over the fence into his yard, and now the barking

of my dogs. My dogs are kept inside at night, and they

both are now wearing special collars during the day to

curb their barking (which has never been excessive, in

my opinion anyway). I have repaired the offending

sprinkler. My boys play outside in the backyard

sometimes, and they sound like any other young

children. Can my neighbor continue to complain to the

police and try to get me in trouble without any

consequences for him? The police seem to be

supportiive of the complaints because my neighbor

lives in a gated community. I do not. I believe that I am

being intentionally harassed by this individual perhaps

because he is angry that my neighborhood was built

over his back wall. Do I have any legal recourse? Can I

file a complaint of my own about the number of frivolous

accusations that my neighbor has made?


Asked on 10/23/02, 1:04 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Cranky neighbor calling police excessively

First, police don't like to be referees between feuding neighbors and their method of handling these complaints is usually to politely but firmly tell the complaining neighbor to lighten up and firmly but politely tell the complained-about neighbor to curtail the problem. There is no right and wrong side, both sides are wrong.

Second, the matters complained of are scarcely police matters, at least as described. The neighbor should address these matters first to you, and you should take reasonable steps to correct them. Did this happen? An exception is the barking of the dogs. Many cities have specific ordinances dealing with barking. You should find out what is permissible and what is excessive barking under local laws. Ask the local animal control authorities, or your vet.

There are court decisions in California to the effect that ordinary outdoor activity at appropriate times of day such as kids shooting baskets against their own garage, with the attendant thumping sounds and hollering, is not actionable by a neighbor as a nuisance or harrassment.

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Answered on 10/23/02, 1:42 pm


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