Legal Question in Real Estate Law in Pennsylvania

whos dog is it?

Last winter, my family took in a stray dog. It had been seen running loose in the neighborhood for several weeks. We suspected that the dog belonged to a man that lived down the street. I went to that house about 10 times and found no one there. The house looked empty and the neighbors said that the man had moved out. The dog was malnourished and sick. We took him to the vet, and nursed him to good health. About 6-7 months later, the man came to my door and wanted to take the dog. My family had grown attached to the dog and I didn't want to give him up. The man admitted to leaving the dog when he ''left town'' for several months. The man said he wanted $120 for the dog. We negotiated, and he accepted $30 in cash. Recently, the man has returned to my door, wanting $120 for the dog. I refused to give him anything. The man has told my teenage son, that he'll take the dog if he gets the chance. He's even threatened to call the police and charge me with dog napping. Does he have any rights for the dog? Am I doing something illegal by keeping the dog?


Asked on 1/13/08, 3:49 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: whos dog is it?

You asked about dognapping.

Get in touch with your local animal control officer and discuss the situation. Sure the guy can charge you with dognapping, but what is the likelihood of success.

You can also file a complaint against the man with the police regarding the threats. In many cases abandoning property (and animals are property) does not sever the owner's rights unless the property was discarded or otherwise left to waste. In this case the man's abandonment was such an abandonment as to probably sever the owner's rights.

You are doing nothing wrong by keeping the dog, but there is a very small chance that the man would be awarded custody if he went to court. If he takes the dog back himself, he should be charged with theft (and probably for the earlier cruelty via abandonment). You know what they guy wants. It may be easier to give the guy some cash (and a bill of sale) to avoid any further problems. But definitely file a complaint with the police regarding the threat.

Regards,

Roger

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Answered on 1/13/08, 5:41 pm


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