Legal Question in Real Estate Law in Georgia
I have a secure chain link fence around most of my back yard, the exception being a very old ramshackle wood privacy fence that belongs to the next door neighbors and separates my back yard from theirs. Both of us have dogs that simply do not get along, and they snarl at each other through the broken places in the fence boards. Several times now their dog has come into my yard through the holes in the fence, and I've had to call them to come and get their dog. So far my dog has not ventured into their yard, but I feel that it's just a matter of time until he does. Here's my question: If my dog were to go into their yard through a hole in their rickety old fence and injure their dog, could I be held liable or sued by these neighbors?
Thanks in advance for your timely reply. .....Pam
2 Answers from Attorneys
Keeping your dog in your yard is your responsibility, not your neighbors. It is not their responsibility to maintain a fence to keep your dog out of their yard.
You should not be letting a dog out without you adequately fencing your yard. If your dog goes through their fence, you would be responsible in any lawsuit, and also could be charged criminally for dog at large.
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