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JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 1335
Experience:  Over 11 years litigation experience including eminent domain and real estate disputes
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My neighbors dog is coming onto my property and aggressively

Resolved Question:

My neighbor's dog is coming onto my property and aggressively confronting me barking, growling, and forcing me into my house. My grandchildren's safety is being threatened. I have asked them to keep it at home, but they deny that it is a safety threat. Can I legally shoot the dog on my property?
Submitted: 7 years ago.
Category: Real Estate Law
Expert:  JD replied 7 years ago.
What state are you in?
Customer: replied 7 years ago.
INDIANA, Howard County
Expert:  JD replied 7 years ago.

First, you have the right to defend yourself, your family, and others who are located on your property from any animal that may come on your land and threaten them. You should avoid killing this animal if at all possible to avoid potential liability, however you have the right to defend yourself and your family.


Second, your county has an ordinance against dogs such as this and proscribes penalties that can be enforced by your county animal control agency. I recommend taking two steps... 1) photograph or record the animal every time he comes on your property... 2) report the matter to the authorities and insist they enforce the following ordinance.


Finally, your neighbor could be sued for the actions of his dog after he has been put on notice of the dog's behavior. For this reason I recommend you have a local attorney send him a certified letter advising him of his dog's dangerous behavior and that he will be held liable for any resulting damages (civil and criminal).


Please reply if I can help further.



Customer: replied 7 years ago.
What do you mean "potential liability"?
Expert:  JD replied 7 years ago.

It is possible to be sued for shooting a trespassing dog who is not an immediate threat to your safety or the safety of others on your property. You may also be prosecuted for shooting the dog though I would doubt any such action would be considered given your description of the history. I would simply prefer you take the above actions to prevent any potential hassles.


Please reply if I can help further.



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