Legal Question in Real Estate Law in California

Re: Legal Responsibility of a Pet Owner

It appears that you have a neighbor who has an unreasonable fear of your dog. And my guess is of any dog. Your dog senses that and barks, or is a dog that barks a lot. Your neighbor doesn't understand dog behavior and is frightened. You're in the middle. Your problem is you can't afford to placate your neighbor by doing a lot of building, which will probably only temporarily appease her. The odds are she'll think of something new to demand after you accommodate her most recent requests. Your real exposure appears to be the barking. And only you know how much barking is really going on. Some of your options are taking the dog to a training class for some animal behavioral modification, an electric shock collar (sensitive to barking), or severing the dog's vocal cords so that the barking is hardly discernable. There are of course other modifications that can be made to the dog's physical environment, such as a dog run (kennel) on the side of the house farthest from your neighbor's house. Or some landscaping that would screen your neighbor's house from your dog. Don't forget to attempt to have the dog and your neighbor become friends. See if you can buy your neighbor some dog treats. Then give them to your neighbor to give back to the animal. Or distract your dog by playing with the animal when your neighbor is in the yard. The problem with doing a lot of building and then having an agreement drawn up which all the parties sign is that the neighbor may then start perceiving other dangers to herself from the dog. And make new demands for more construction and changes to your physical environment. All of which are at your costs. Start with the least costly solutions to the problem. Ones that enhance your physical environment. And ones that you can afford.

Re: Legal Responsibility of a Pet Owner

First of all, you need to check the local city ordinances to see if you can make any of the alterations without a permit. If you cannot, then you need to get a permit or waiver. Secondly, you could be sued for maintaining a nuisance just for having a barking dog. If the City allows it you might want to seriously consider making the changes the neighbor requests, but make sure the neighbor agrees in writing that she will not sue if you make the changes required. You other option is the obvious--move the dog. If you need help drafting the agreement with your neighbor feel free to contact me.