While we were away on vacation, my crazy neighbor lady tore down our fence between her yard and ours. We rent. It is my landlord's fence, not her's. While fence was down, my cat got out (cat never left yard previously -- she is too fat to hop the fence. We had left her w/ food and water and different neighbor checking on jher while we wer gone. We have dogs, but had taken them with us. We were 100's of miles away and my kids were distraught for 2 days until our other neighbor reported finding the cat finally. My landlord got the fence put back up over 3 days. My little kids were a wreck and I was helpless to do anything since I wasn't there. Town has no 'cat law' only a dog law, so they say she isn't guilty of setting an animal loose. The landlord repaired the fence and crazy neighbor lady tried telling cops she owned the fence (although it is inside property line where she'd earlier in year told me to take care of 'my' weeds that were growing on her side of my fence. (How can I own the weeds beyond my fence but she owns my fence?) They've decided it is a good neighbor fence and they both own it but my landlord is one who put new fence back up--crazy lady paid nothing. Crazy lady says fence was falling down. I have video that could prove otherwise, as we had video taken of a party in backyard just week before we left and it clearly shows fence. Neighbor who cared for my cat reports fence looked fine to her just before crazy lady tore it down and no weather or other event other than crazy lad doing renovations in her backyard (which she's been doing piecemeal for the past 2 years) could have changed that. Crazy alternately tells story she didn't know we had a cat and she told other neighbor to watch that the cat didn't get out when she took fence down (how she was to watch 24/7 while fence was down for 3 days I don't know--it's not like opening and closing a gate and saying 'watch the cat') Any legal opinions here? We have had other endless harassment from this crazy lady and hoping this is the straw that allows us to take definitive action against her.

I'm not sure you have any standing in this at all. It's not your fence, so it's your landlord that should be concerned about its destruction. And, frankly, if you left a cat outside in your yard while you were gone, you are more likely to be charged with neglect of the animal than the "crazy lady" is for enabling it to leave your yard by tearing down the fence, since you can't be positive that it wouldn't get out while you were gone.

Not a legal professional but it was explained to me the property that is usually defined as the owner of a fence is the side that has the unfinished side facing their property (the support railings). In most states cats are free to come and go and you have no recourse.

You cannot do anything about the fence, it's your landlord's fence. If the landlord wants to sue the woman for damages, the landlord will have to do this.

Apparently the crazy lady doesn't like cats. Would suggest you keep your kitty indoors as people like her tend to put poisoned treats out for animals they don't like. Have seen this scenerio before many times. If you want your cat safe, keep it inside from now on. Also keep an eye on your dogs when they are in the yard and also "police" your yard for any strange objects or treats or pieces of meat as they probably will be laced with poison.

Thanks about fence info. I didn't much appreciate the pet neglect comment. Yes, landlord is suing but she felt awful for ua about what happened and is supporting any action we could take.

We aren't allowed pets inside rental, thus outdoor pets. No, cat has been with us for 10 years and previously established her territory as a barn cat and never left 'her' barn yard. Cat has never once left our property, even though stray cats come onto our property at times and eat her food, so that's why I had neighbor caring for her. I don't neglect my animals, my other neighbor was taking care of cat for me, albeit outside in my yard (cat has 2 dogs kennels in which to take shelter) Cat was startled by tearing of fence, to be sure and took off through open fence. Was found 2 days later by neighbor caring for it who kept calling and shaking her food bowl. And yes, we have always trained our dogs not to eat anything we haven't given them a command to eat and we are always on the look out for oddities that may come over the fence into our yard (ie poison)

The problem is I don't see where you were materially damaged. If the cat had been killed by the neighbor's negligence you might have case there. But alls well that ends well. So I would just let your landlord sue her for the cost of replacing the fence and leave it at that.

yes, damage to the property, criminal tresspass, if the cat had not been found or hurt, perhaps damage to personal property,

But only the landlord has a real case at this point, I see nothing that you had injury that can have a money value placed on it to sue for.

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Originally Posted by CESElizabeth

Not a legal professional but it was explained to me the property that is usually defined as the owner of a fence is the side that has the unfinished side facing their property (the support railings). In most states cats are free to come and go and you have no recourse.

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I have never heard that the "finished" side defines the owner of a fence - I have privacy fences all around my property which I had installed. Two sides face in, two face out. I'm in NYS so this could be true in some other jurisdiction.

Our township building code has this stated under its fence building regulations, enacted 1969