How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33284
Experience:  12+ yrs. of experience including real estate law.
11181181
Type Your Real Estate Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

What remedies do I have concerning the neighbors barking

Customer Question

What remedies do I have concerning the neighbors barking dogs? I have been told that if they are on a leash on their owner,s property there police cannot do anything. They are twenty feet from my house and there are three of four tied outside at a time. they bark for an hour or more. This happens at night.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

What you describe is a "nuisance" case.

If the police are not inclined to prosecute the case, you can sue them for "nuisance"

Under the common law, persons in possession of real property (land owners, lease holders etc) are entitled to the quiet enjoyment of their lands.

If a neighbor interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.

Here, your claim would be against the person who is creating this nuisance...the neighbors with the barking dogs.

The key will be proof.

Proof of BOTH the underlying claim (that the actions of the father have interfered with your quiet enjoyment of your property) and the damages.

Proof can be made in many ways. You can testify to what has happened. Video/audio can be very helpful...if you can capture some video with audio from the next few times this happens that can help show the court what is going on exactly.

Bot***** *****ne, if the police will not prosecute, you can sue them for disturbing your peace.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 11 months ago.

follow up.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.