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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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I am having an issue my one of my dogs incessant barking.

Resolved Question:

I am having an issue my one of my dog's incessant barking. Animal control was notified who then sent a letter to us regarding our dog. We purchased two new bark collars which only worked for approximately a month. When we went out of town on Dec. 23rd our neighbors then filed another complaint stating that our dog resumed barking at this time. The neighbor had stated in his complaint that the situation was resolved for approximately a month but restarted when we left for vacation. My neighbor then video taped our dog barking and sent the tape to animal control. My question is it illegal to tape on someone's private property without consent? We were not home to address the situation, therefore consent was not given. Is there anything we can do legally regarding the video taping. Again, I am aware that the barking is our responsibility and needs to be addressed. I just was very uncomfortable with our neighbor taping on our property. He leaned over our fence to tape the barking, which of course made our dog bark more as he was protecting our property. Thank you very much for your time.
Submitted: 5 years ago.
Category: Legal
Expert:  JB Umphrey replied 5 years ago.

JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

Can you clarify if the neighbor actually went onto your property?

JACUSTOMER-aobgacsa- :

No, but there was no way he could have taped my dog without him leaning over our fence. We live in a subdivision where the houses are close in proximity of each other. The fences are low.

JB Umphrey :

If he stayed off your property and really video recorded/zoomed otherwise is fine. It's legal.

JB Umphrey :

If you had informed him that he could not come onto your physical property and he did it anyway, then he could be charged with trepsassing.

JACUSTOMER-aobgacsa- :

So it is legal for me to lean over someone's wall and tape what ever goes on in their backyard?

JB Umphrey :

Yes, it can be.

JB Umphrey :

You can stay on your property and record onto your neighbor's outside property. That doesn't violate the law.

JB Umphrey :

Happens more often than you can imagine.

JACUSTOMER-aobgacsa- :

My neighbor did not record outside our property. He placed the cell phone or video recorder over our fence to tape our dog. How is that legal?

JB Umphrey :

Because there's nothing that makes it illegal.

JB Umphrey :

Areas outside of your home are not legally private.

JB Umphrey :

If he had taped inside of your home, that could be a different issue.

JACUSTOMER-aobgacsa- :

Okay. That's unfortunate. I thought that the area inside someone's fence is private property.

JB Umphrey :

It is not.

JB Umphrey :

I know that the challenges of a barking dog are very trying.

JB Umphrey :

Your neighbor would probably want to spend his time differently, too.

JB Umphrey :

Hopefully, with some additional training, your dog's behavior will improve and so will the relations with the neighbor.

JB Umphrey :

Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and this answer to be ACCEPTable!

JACUSTOMER-aobgacsa- :

I have never spoken with this neighbor. Unfortunately, we have tried bark collars and behavior modification, at $80 per session, neither has worked. We probably end up taking our dog to the pound which will break our hearts. My same neighbor yelled at my 6-year-old for throwing our ball over into our common area on accident. He obviously has no tolerance for dogs or children. Maybe he shouldn't live in a subdivision where every home has a dog and more than one child!

JB Umphrey :

I encourage you to consider working with your local animal society to find someone to adopt the dog before considering the pound route.

JB Umphrey :

It's understandable for the dog to have separation axiety when its person is away for a long time -- perhaps consider boarding the dog somewhere else while away?

JACUSTOMER-aobgacsa- :

Have thought of the boarding possibility. It is just really expensive! Thank you for your time. We have some tough decisions to make:(

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