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What remedies do I have concerning the neighbors barking…

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What remedies do I have...
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: 2 years ago.Category: Real Estate Law
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Answered in 3 minutes by:
2/4/2016
Real Estate Lawyer: P. Simmons, Lawyer replied 2 years ago
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,952
Experience: 12+ yrs. of experience including real estate law.
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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.

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Real Estate Lawyer: P. Simmons, Lawyer replied 2 years 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.

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Category: Real Estate Law
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