6 “Court cites belling, man with fine,” Memphis Commercial Appeal, April 13, 1996. However, before you start writing big checks and getting a court injunction, there`s something more basic and much less expensive you might want to try. Ask the lawyer what they would charge to write a letter to the dog`s owner saying that you kept it and that they expect to take all necessary legal steps to ensure you enjoy your home peacefully, including filing a lawsuit. If you`re willing to sue your neighbour in Small Claims Court, you`re already convinced that the dog you`re complaining about is a nuisance. However, “harassment” has a special legal meaning that has developed since the Norman conquest of England in the 11th century. And you know that everything lawyers have gotten their hands on for so long must be complicated. The reason I decide this is because it is clear from the testimony here that your dogs, Mr. Little, are a legal nuisance. They interfere with Ms. Hinman`s use of her property and have caused her significant complaints. They had several opportunities to deal with the nuisance, but did not. You will receive my final decision on the amount of damages in a few days by mail.
Damage for subjective damage caused by a barking dog, such as sleep disturbances, can be difficult to calculate. Often, a small amount can be estimated for each day of disruption and multiplied by the number of days it lasted. If a dog engages in activities that go beyond barking and have caused property damage to a neighbor, they can also claim compensation for repairs and other expenses. In California, for example, the court system is divided into a criminal branch and a civil branch. The Criminal Division deals with persons accused of having committed crimes, while the Civil Division decides on cases where a person or group of persons brings a legal action against another person, either to obtain an injunction or to obtain a fine for any ill-treatment he or she may have suffered. If you`re stuck in one of those nightmarish situations where nothing else works to relieve the barking of your neighbor`s dog, it`s time for you to think about taking legal action. If you are considering a lawsuit, the first thing you need to do is find a good lawyer. The Growth Management Act 1991 requires local governments to designate land use areas within their boundaries.
Residential areas are separated from commercial and industrial areas. It is more difficult to regulate barking harassment in densely populated areas, such as cities, than in less dense areas, such as suburbs, single-family homes or moderate family residential areas. Mattie: Thank you, Your Honour. I raised this issue because my neighbour, Mr. Little, has three dogs that are a nuisance. Their barking is a terrible nuisance because they often bark for half an hour or an hour without stopping. It`s especially bad very early in the morning, around 6 a.m., when Mr. Little feeds her. The noise wakes me up, and then I have to wait for them to stop and try to get back to sleep. It also makes it almost impossible to use my garden because every time I go out, the dogs start barking.
Fred: Anyway, I`m doing my best. I can`t stop them from barking when I`m gone, but when I`m home, I immediately silence them. I think she just doesn`t like dogs, and if she was nice to them, they wouldn`t bark at her when she goes to her yard. Excessive pet noise may also fall within the parameters of a local ordinance on noise or other “nuisances” on the property. (A “nuisance” is any inappropriate or illegal activity that prevents a property owner from using and enjoying their property wisely.) If an owner who is bothered by barking complains to the police, they can issue a warning to the dog`s owner. In some cases, police can arrest the owner if they ignore repeated warnings, and the landlord can face minor criminal charges. If, after reviewing your records, the judge finds that you have made a compelling argument, he or she will issue an injunction within a day or two, which will remain in effect until your hearing, which is about three weeks from now. You and the dog owner must appear at the hearing and present your arguments.
Make sure you have a recording and/or videotape of a barking dog, and having a few witnesses on hand might not hurt either. If the judge rules in your favour, the court order will be extended for up to three years or made “permanent”. If nothing you`ve tried helps, you can sue the owner of a barking dog on the grounds that the dog is a nuisance that interferes with your use and enjoyment of your home. The least painful route is through Small Claims Court. Small claims disputes are simple and can be used without a lawyer. In some states, including California, lawyers are excluded from small claims court. Even if they are not banned, you will rarely see one there because most people find them too expensive to hire. Small claims court fees are also low and the process is relatively quick, meaning you`ll get to court in weeks or months, not years. Excessive barking is not allowed in a residential area, and a kennel cannot continue if it is illegal if it is created. It cannot detect non-compliant uses for its current operations or beyond the size under which it operated when it was legal.
If a kennel unduly interferes with the peaceful enjoyment of neighbors, the kennel is a public nuisance subject to a court order. If you absolutely must have a court order ordering the neighbor to cease (the technical term for this type of injunction is a restraining order), you may need to go to the “ordinary” court (often called county, superior, or district court) instead of a small claims court. You`ll probably need a lawyer for this, although you can file a simple harassment lawsuit yourself if you`re willing to spend a few hours at the law library figuring out how to create the documents and file them in court. (For legal research assistance, see Appendix 1.) Dickson Frohlich`s zoning, harassment and barking lawyers have over 100 years of experience in all areas of real estate law. We offer a free consultation to discuss your problems with annoying dogs and find the best way to take care of the situation. Call 206-621-1110 now for a free case evaluation. If you can prove that you suffered serious harm because of your neighbor`s barking dog, your lawyer may advise you to sue for damages as well, but first. Sometimes an owner sues a neighbor for excessive barking of his dog. However, before a landlord goes to court, they should take less drastic measures. In addition to direct negotiations with the dog`s owner, they may want to write a formal complaint letter documenting the problem and suggesting a solution. Mediation could also resolve the problem if direct negotiations fail.