Q: A family recently rented the house next to ours in our community association. They have several dogs and attached a temporary fence to our permitted wooden fence to form a corral for their dogs to stay outside all day and bark. Are they allowed to attach to our fence without permission? Is there anything we can do about the noise? — Caroline
A: Your neighbor has no right to attach anything to your fence unless you let them.
If they damage your fence, they will pay for the repairs.
Since you want them to remove the attachments, your first step is to ask them to do it. If that does not work, speak to your association manager and ask them to deal with it.
The law holds pet parents responsible for their pet’s actions.
Barking or other noise can become a problem when it is non-stop or occurs at night. The law considers this a “nuisance,” as you have the right to enjoy your home without your neighbor disturbing your peace.
When you ask them to remove their fence attachment, see if they will resolve the noise issue. You can also mention this to your association manager.
If that does not work, you can file a complaint with the animal control department or sheriff’s office, depending on your location. The complaint must be specific, so ensure that you have recorded the dates and times of the occurrences.
If your neighbor resolves the issue, it typically concludes the matter; however, if they do not, they can be fined or have other enforcement action taken against them.
Since your neighbor is a renter, you should also speak with the property owner. Even though the renter is causing the problem, their landlord can share the consequences and should help resolve the issues.
You can sue both the renter and the landlord, asking the court to force them to stop the nuisance and to receive monetary compensation for the damage to your fence.
To win your case, you must show that the barking is a nuisance that continued after you asked them to stop the problem and is affecting your enjoyment of your home.
Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro.
