Legal Question in Real Estate Law in California

neighbor's dog keeps destroying landscaping

i have a neighbor who allows their dog to roam around their yard without a leash. the dog continually will climb up onto the hill behind the house and come into my yard. on the first incident the dog dug up a 300 sq. foot section of my landscaping on the hill. she took responsibility and did replant it. unfortunately it takes quite a while to regrow to a natural state.

now the dog has come over and ripped up a 150 sq foot section of my lawn just as i put my house on the market to sell. i wonder if there is any way to quantify damages that may cause potential buyers to walk away due to the way the yard looks or quantify the time to regrow. if not what type of legal ground might i have to bring them to court (negligence,leash law,etc..) so it won't happen again.


Asked on 4/26/00, 7:33 pm

1 Answer from Attorneys
Jeffrey Zinder Zinder & Koch

Re: neighbor's dog keeps destroying landscaping

If you can prove that it was the neighbors dog they are responsible for the damages. The liability is based upon several legal theories including nuisance. You will have to prove the damages.

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Answered on 6/08/00, 9:20 am


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