[shazamataz]

I appologise if this is in the wrong section, wasn't sure where it went.

My neighbours have a German Shepherd that is constantly jumping over our fence and now it has progressed to me seeing it poop in our yard out the window.

We shoo the dog away when we see it and it jumps back over the fence.

Problem is I have dogs of my own, a lot smaller than theirs and I fear for their safety. (Their dog jumped the fence and killed our rabbit)

We have talked to them numerous times and they said they would "fix" the fence... they tacked some rusty corrugated iron up which fell down 2 days later.

My question is we are going to extend the fence ourselves, with either lattice or just wire and buy some climbing plants.
Should we ask them to pay for half of the materials? Or should we just do it ourselves?

[danielnoahsmommy]

If it is their fence I would not touch it without they're permission. Since you want this addition you may end up paying. I it were me I would ask them if they say no, I would build a new fence right next to theirs. That way you know what you are getting and you will be assured it is done correctly

[shazamataz]

Thanks for the info.

I'm not sure how you define who owns the fence, it separates our two properties.

They would have no problem with adding to it as they "apparently" were going to put up the extra bit themselves, but never did it.
Same as they were going to give us money for the rabbit but we never heard from them again.

[nikosmom]

The fence is on SOMEone's property - be it an inch or two in either direction- it's on someone's property. Contact a surveyor to find out who owns the fence.

If they own the fence, you can not [legally] make any alterations to it. You can't then in turn bill them because there was never an agreement that they'd pay you for the alterations. You can't enforce a contract when there wasn't one in place.

If you are having trouble with their dog being in your yard and posing a danger to your family and pets, then you can contact your local animal control to have the dog removed the next time he jumps the fence.

EDIT: probably should be placed in "Other Law"

[KISS]

All sorts of variations are possible, unfortunately.

When we put up a fence many years ago, no one had feces, but we asked to tie into a corner post of one fence. Had to pay like $50.00.

The neighbor (renter) next door had a problem with a dog pooping on his lawn, so he put up a large wooded fence.

Then the same renter had issues with us and we had issue with them for an untrimmed hedge. Hedge came down anf replaced by a 6' high wooded fence with the ugly side facing out.
A spite fence.

Knowing where the property line is essential, you don't want to cross it.

Technically everyone in our neighborhood mows about 1' x 40' of a neighbors yard. It generally makes the houses look better.

Some look at it as your property, your fence. Other's look at it as Hey great, we'd like a fence too. You can't predict. The next neighbor, may want to rip anything on their side out.

In very strange communities, they fence the inside of the yard and essentially let a large area for people to play in, so it's not individual yards.

Neighbors are funny. Have any idea how to get a neighbor that makes too much money remove a community paper that's delivered about once per week. It lays on the ground to rot.

[crigby]

Hi,
Do not normally answer this type of question, but contract law is the only type I have specific training.
The "landmark" case is Rowe vs. Weigh and provides the beginning point of contract law. It involves a fence (stone wall) a neighbor built and then tried to get his neighbor to pay half. He lost.
You have received many great answers; whose fence, whose property, etc. Basically do not do anything to a fence not on your property or belonging to you.
As mentioned by another, it is time for animal control. The owner is breaking the law in every urban community I know of by not having control of his/hers pet when not on its "home" property. I would give notice in writing (perhaps a local law student or legal aide can help to defray cost) with it notarized (notary only witnesses the signatures) and witnessed and delivered by a delivery agent (USPS, DHL, FedEx) that requires a signature, and possibly a receipt stating your intention to have their pet removed at their expense (your taxes already pay for it) unless the problem is rectified.
All your bases are covered to act and you then only have to worry about a vengeful neighbor.
Peace,
Clarke

[albear]

If they're decent people then they should really

[shazamataz]

Thank you very much for the information guys!!
Sorry NM, I was thinking the law section but I wasn't too sure so put it here.

I will have a look into whether the fence is on our property. If it isn't then I won't touch it without consulting them first.

I am a bit unsure about calling animal control, to be honest, they aren't the best of people and I worry that if I get one of their dogs taken away, they may take revenge out on mine.

It is an option though, they have 3 dogs and we are in an area where you have to have a licence to have more than 2 dogs.
I very much doubt they have a licence.

[jmjoseph]

I appologise if this is in the wrong section, wasn't sure where it went.

My neighbours have a German Shepherd that is constantly jumping over our fence and now it has progressed to me seeing it poop in our yard out the window.

We shoo the dog away when we see it and it jumps back over the fence.

Problem is i have dogs of my own, a lot smaller than theirs and I fear for their safety. (Their dog jumped the fence and killed our rabbit)

We have talked to them numerous times and they said they would "fix" the fence.... they tacked some rusty corrugated iron up which fell down 2 days later.

My question is we are going to extend the fence ourselves, with either lattice or just wire and buy some climbing plants.
Should we ask them to pay for half of the materials? or should we just go ahead and do it ourselves?

Shaz, If the fence is on your land, it's yours. I don't recommend trying to put it directly on the property line. I always tell people to offset it, about 6"-12", on their side. However, since the fence is mainly because of their dog, who has already killed one of your pets, I would ask them to chip in.
Sorry to hear about your rabbit. They always say that fences make the best neighbors. Let us know how it goes.

[shazamataz]

Thanks joseph.
Yeah, poor little guy, I felt awful when it happened, my others live inside now.

Haha and yes, they do make the best neighbours!
The previous owners of the house put up a really high fence on the other side because they "didn't like the dogs there"
We were a little worried and peeked over the fence, they had 2 Pitt Bulls...

And they are the sweetest dogs, never hear a peep out of them, it's the other side that's the problem!

[Fr_Chuck]

Moved to legal section

Several things,
It would be a tresspass when their dog jumps the fence and you could call the police when it happens.

They have to pay for any damages their dog does.

They would be responsible to clean up poop from their dog.

Depending on animal control laws, most likely have to keep the dog properly secured on their property

I am not sure they can be required to pay for part of YOUR fence but could be held for damages their dog does.

[Alty]

I would do what my parents did. Build a fence on your property, in front of the fence that's on theirs.

Of course you first have to determine whose property the fence is on, if it's on yours then you can renovate it as you see fit.

[shazamataz]

Thanks again, and sorry for putting it in the wrong section :)

I will check into it properly tomorrow (It's early morning here nearly 5am) but who should I call to find out where the fence lies?

Just the city council?

I'm very new to the whole home-owner thing :)

[AK lawyer]

The fence is on SOMEone's property - be it an inch or two in either direction- it's on someone's property. Contact a surveyor to find out who owns the fence.

It's sometimes more appropriate to consider it a "party fence", akin to a party wall, which is owned in common by the adjoining owners.

[jmjoseph]

Thanks again, and sorry for putting it in the wrong section :)

I will check into it properly tomorrow (It's early morning here nearly 5am) but who should I call to find out where the fence lies?

Just the city council?

I'm very new to the whole home-owner thing :)

If you lived closer, I would come and survey it for you, for kangaroo sandwich. BUT, unless you know a friend who can do surveying , it's not going to be cheap. Be prepared. Sometimes, a new fence is cheaper than a survey.

[shazamataz]

Haha I could organise the sandwich, sausages too ;)

We were going to go talk to the neighbours today but they weren't home.
If they do disagree we had the idea of creating the addition but on 'stilts'
I just tried to write a description but it didn't make sense so I did a picture in paint, I hope it makes sense...

Would this need any sort of approval if it was on our side?

[jmjoseph]

Haha I could organise the sandwich, sausages too ;)

We were going to go talk to the neighbours today but they weren't home.
If they do disagree we had the idea of creating the addition but on 'stilts'
I just tried to write a description but it didn't make sense so I did a picture in paint, I hope it makes sense...

Would this need any sort of approval if it was on our side?

If it's on your side, and it's to local code specifications, you can do whatever you want. For now, I would try to fix it as cheap as possible. Then when the money from your art comes pouring in, you can upgrade it.

[shazamataz]

If it's on your side, and it's to local code specifications, you can do whatever you want. For now, I would try to fix it as cheap as possible. Then when the money from your art comes pouring in, you can upgrade it.

Yeah, we will go the cheap option if we can, just tacking something to the top would be a lot easier too.
That's just our back-up plan :)

And thank you :)
Have a painting due on the 8th so I had better get cracking :eek:

[KISS]

Be aware, that there is probably a height restriction. 6' is the max where I live.