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What to Do if Your Neighbor's Dogs are Trespassing on Your Land
My question involves personal property located in the State of: Texas We are having a problem with the neighbor's dogs (minimum of 6) constantly coming onto our property every day and multiple times a day - peeing and defecating in both our front and back yards, plus coming onto our property when we are outside and constantly barking at us. They have gotten into our garage twice and torn up garbage bags and anyone who drives up to our house is afraid to even get out of their vehicle due to the dogs running over and barking at them.
We have asked the neighbor to make an effort to keep the dogs on their own property but they say their dogs can run loose because this is "country" and they own 10 acres or more.
I looked up the county ordinance under Restraint and it states "Dogs may be unrestrained for landowners when used for ranching, hunting, farming or guarding on parcels larger than 10 acres and with the permission of the landowner". But wouldn't that clause mean that the dogs can be unrestrained on their own property but can not run loose on other people's property? Don't I have any rights myself as a landowner?
The problem is, even though they own some acres, they built their house right on the edge of their property next to ours and their house is about as close as in a subdivision. And most of their land is fenced pasture so the dogs really have no more than an acre at most to run loose on, which includes the county road. So every day, several times a day, the dogs are on our property.
The county ordinance also states that "All dogs and cats shall be kept under restraint in accordance with the applicable provisions of the Texas Health and Safety Code" and "The owner or custodian of every dog and cat shall be held responsible for any violation of these rules or applicable provisions of Chapters 822 and 826 of the Texas Health & Safety Code". Under Code 826.002 (11) it defines "stray" as meaning "roaming with no physical restraint beyond the premises of an animal's owner or keeper" and in 826.033 (2) "each stray dog or cat be declared a public nuisance".
I would appreciate any opinions as to what my rights are in this situation.
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Re: Neighbor Dogs Trespassing
You obviously won't get anywhere by talking or quoting laws to those people.
Catch the dogs and call animal control.
Or, fence off your own property.
Or, file a private nuisance lawsuit (after documenting the intrusion) and seek an injunction.
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Re: Neighbor Dogs Trespassing
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Quoting
adjusterjack
You obviously won't get anywhere by talking or quoting laws to those people.
Catch the dogs and call animal control.
Or, fence off your own property.
Or, file a private nuisance lawsuit (after documenting the intrusion) and seek an injunction.
I would just fence my property.
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Re: Neighbor Dogs Trespassing
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llworking
I would just fence my property.
It's the "country"? Electricity would be an option. Check first though, or get a pro specializing in critter control fencing. I would place a large bet on the puddies only needing to get one sample of the 'enhanced' fence.
In the interim, there's always "No Trespassing" signs!:)
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Re: Neighbor Dogs Trespassing
Only dogs can't read the signs. Apparently, if they are using your yard for a poop ground, and running up to cars pulling into your drive barking, etc. they are under the impression that your yard and drive are part of their established territory. Thus a fence, specifically between your house and the neighbor's house would be a good deterrent for starters. Then there's the old country remedy of "Get on outta heyah!" which around here might very possibly be followed by a few stinging beads from your bb gun each time you see the dogs in your yard. (Yes I know, if you hurt the dogs, you might have to pay vet bills. But then, I don't mean shoot them with a big gun.) Of course keep your garbage very well put away, and when they do get into it, come on your space, make a big enough fuss that the dogs will think it is a very bad idea to get in your garage or driveway. Bang trash can lids, yell at them, make a lot of noise. Six or more dogs is a pack, you can keep calling the animal control people if this many dogs keep invading your space. Say you fear for your safety. It's not so much fun for neighbors to quote the laws to deputies if they have to do it repeatedly because of your complaints. Good heavens! We've had people killed by neighbors' dogs in this area.
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Re: Neighbor Dogs Trespassing
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comment/ator
Only dogs can't read the signs.
That just ruint my day......sniff!
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Re: Neighbor Dogs Trespassing
Technically, dogs can't trespass, only people can.
And unless the dog is known to be dangerous or a hazard to livestock, or is unregistered, there's no state law on them being "at large."
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Re: What to Do if Your Neighbor's Dogs are Trespassing on Your Land
I don't thinking shooting the dogs with a bb gun is good advise. And I don't think you have reached the point where you need to spend the money on suing the neighbor for nuisance or the expense of fencing your property. There are inexpensive things you can do to dissuade the dogs to keep off your property.
There are products you can buy that you spread on your property (in areas they frequent) that will cause the dogs discomfort when they sniff before defecating or urinating. Products that contain capsaicin will burn their nasal canal and eyes without harming the animal. You can even use a mixture of ground red and black pepper for it. But it has to be dry weather.
After they get a few snoot full of pepper and they won't come back. Another old remedy is white vinegar (cheap) sprayed in the areas they come to. The down side of this is your property smells like a salad.
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Re: What to Do if Your Neighbor's Dogs are Trespassing on Your Land
Injuring or killing the dogs would make you guilty of a crime. As mentioned, unless you or your livestock are threatened by dogs, you don't get a defense.
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Re: What to Do if Your Neighbor's Dogs are Trespassing on Your Land
If you are responding to my post, what part of it do you think indicates that the dog would be harmed?
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Re: What to Do if Your Neighbor's Dogs are Trespassing on Your Land
Buy a high frequency generator, maybe with a directional antenna. Nobody will know what happened when the dog runs off your property howling.
The dog will learn real fast where not to drop its next turd.
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Re: What to Do if Your Neighbor's Dogs are Trespassing on Your Land
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budwad
If you are responding to my post, what part of it do you think indicates that the dog would be harmed?
If you're responding to my post, I was referring to commentator's suggestion to shoot at them with a bb gun. Just pointing out it is criminal.
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Re: What to Do if Your Neighbor's Dogs are Trespassing on Your Land
Well, since I used to shoot at and be shot by my siblings, etc. with BB guns, and that a BB gun was standard "run off the neighbors invading dogs" procedure, I am afraid we southerners are a pretty criminal lot! Not sure zapping with a high frequency generator would be any less painful, though of course, a BB gun might put the dog's eye out, as it might have put ours out. I think the fencing and the dog deterrent sprays are a fairly good idea.
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Re: What to Do if Your Neighbor's Dogs are Trespassing on Your Land
I've managed to put a bunch of air rifle pellets into a ground hog. He bled alot, but it didn't kill him. Still I suspect if I'd gotten him just right I might have caused serious injury.
As your mama told you, two wrongs do not make a right.
(I've since gone up for higher firepower against the vermin. The 12G works a lot better).
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Re: What to Do if Your Neighbor's Dogs are Trespassing on Your Land
My multi-pump Crosman was showing its 'age' last year, so I replaced it with a Ruger pellet rifle. The pump was pretty okay as far as being "adjustable". Was easy most times to go from stun to kill with the multi pump. The Ruger is not. 1200fps sometimes makes the tree-rats' little heads pop like a big zit.:)
Red Riders was what us kids had back in the day. Anywhere closer than 50ft or so would sting pretty good.
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Re: What to Do if Your Neighbor's Dogs are Trespassing on Your Land
Get some chickens. When the dogs chase your chickens, then you can use means to protect your livestock.
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Re: What to Do if Your Neighbor's Dogs are Trespassing on Your Land
Well, minimum 6 dogs is a pack. A pack of the neighbors dogs barking at people in your driveway might turn into a pack of dogs attacking someone in your driveway. Anybody who'd quote the Texas laws on how their dogs have a right to run free likely understands that the frame of mind in Texas would permit you to shoot their darn dogs with something much greater than a BB gun if they come on your property and attack you and yours. Boo, what do you have against poor old chickens? Those dogs won't "chase" them, they'll have them for lunch. And the feud continues.
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Re: What to Do if Your Neighbor's Dogs are Trespassing on Your Land
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comment/ator
Well, minimum 6 dogs is a pack. A pack of the neighbors dogs barking at people in your driveway might turn into a pack of dogs attacking someone in your driveway. Anybody who'd quote the Texas laws on how their dogs have a right to run free likely understands that the frame of mind in Texas would permit you to shoot their darn dogs with something much greater than a BB gun if they come on your property and attack you and yours. Boo, what do you have against poor old chickens? Those dogs won't "chase" them, they'll have them for lunch. And the feud continues.
Once the dogs have the flock for lunch, then the dogs will have to go. Livestock always trumps dogs.
Chickens are less expensive than goats and a donkey, in terms of acquisition and food stuffs. Otherwise, I'd suggest goats and a donkey, and watch the donkey stomp a dog or two.
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Re: What to Do if Your Neighbor's Dogs are Trespassing on Your Land
Right, as I said, if the dog is official "dangeorous" to include attacking fowl or livestock, then the game changes. Just running around loose however, doesn't justify shooting them.
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Re: What to Do if Your Neighbor's Dogs are Trespassing on Your Land
The man said six dogs. Six dogs (which I bet are not all smaller than a shih Tzu) IMHO a pack makes. Dogs in a pack don't respond well to "Here Boopsie! No no, bad doggie!" You wouldn't shoot at a dog with a BB gun to sting its butt and tell it to "Git!" (which actually works pretty well around here) but you would turn a donkey or a chicken or a goat loose to be savaged by this pack of dogs? And that's so that you can what? Go to the law and demand that the guy gets rid of his dogs at that point, or maybe in the case of the donkey or goat pays your vet bill for having it sewn up or put down? I have seen a goat that had been attacked by a pack of dogs What if their first casualty is your mother in law? Sorry, I just would be awfully upset because I happen to believe that a pack of dogs is a dangerous thing, not unlike a loaded firearm.
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Re: What to Do if Your Neighbor's Dogs are Trespassing on Your Land
An Electric fence (single wire at knee height) should take care of the dogs. Make sure you install small flags by the wire and signs warning people of the fence. After the dogs get zapped a time or two I suspect they won’t head your direction any longer.
Since the dogs appear aggressive to you I suspect you may be able to just shoot them during the time they are aggressive and on your property. i strongly suggest talking with a local lawyer about the legality of it first.
and what county is this?
It does appear that under texas law the dogs may be able to be classified as dangerous dogs
822.041
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2) "Dangerous dog" means a dog that:
(A) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(B) commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.
And if you are successful in havimg the dog listed listed as a dangerous dog, they are obligated by state law to restrain it
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§ 822.042. Requirements for Owner of Dangerous Dog
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(a) Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall:
(1) register the dangerous dog with the animal control authority for the area in which the dog is kept;
(2) restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure;
(3) obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority for the area in which the dog is kept; and
(4) comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs.
(b) The owner of a dangerous dog who does not comply with Subsection (a) shall deliver the dog to the animal control authority not later than the 30th day after the owner learns that the dog is a dangerous dog.
(c) If, on application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided by Section 822.0423, that the owner of a dangerous dog has failed to comply with Subsection (a) or (b), the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions.
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Re: What to Do if Your Neighbor's Dogs are Trespassing on Your Land
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Quoting
jk
An Electric fence (single wire at knee height) should take care of the dogs. Make sure you install small flags by the wire and signs warning people of the fence. After the dogs get zapped a time or two I suspect they won’t head your direction any longer.
Is that seriously what you would do when you are spending your money? What if OP doesn't want a knee height fence around his property and doesn't want to spend a few K to have it put in?
Sometimes some of you are off the charts with your advise.
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Re: What to Do if Your Neighbor's Dogs are Trespassing on Your Land
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budwad
Is that seriously what you would do when you are spending your money? What if OP doesn't want a knee height fence around his property and doesn't want to spend a few K to have it put in?
Sometimes some of you are off the charts with your advise.
a few k? I can put in a mile of wire for well under a grand.
but yes, I would seriously consider it.
the fact is, they don’t want the dogs on their property. It is a solution. So far it sounds like the best solution. Definitely better than purchasing and maintaining some animals with the hope the dogs will attack them.
You do do realize I posted Texas law that allows the op to explore another possibility too, right?
Or is it simply your intent to constantly attack me for no reason?
So lets take a look at your advice:
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There are products you can buy that you spread on your property (in areas they frequent) that will cause the dogs discomfort when they sniff before defecating or urinating. Products that contain capsaicin will burn their nasal canal and eyes without harming the animal. You can even use a mixture of ground red and black pepper for it. But it has to be dry weather.
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After they get a few snoot full of pepper and they won't come back. Another old remedy is white vinegar (cheap) sprayed in the areas they come to. The down side of this is your property smells like a salad.
so you suggest killing their grass with vinegar. I wonder how much it would cost to regularly spray their entire lawn. Of course this is accepting it will work. It doesn’t always.
or the capsaicin. You talk like one application will work forever but you ignore the fact it doesn’t work well (I can personally attest to that) It often doesnt work plus how much does it cost to cover the ops lawn often enough to work long term?
oh, that’s right, you suggested they spray where the dogs crap.. what prevents the dogs from using another area?
and do you think either of those will stop the threatening behavior towards the op or their guests or keep them out of the Garbage?
If you’re going to attempt to ridicule me, you need to be sure your suggestions are better than mine. I don’t believe they are.
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Re: What to Do if Your Neighbor's Dogs are Trespassing on Your Land
I would strongly suggest that no matter what else this person does, he does talk to the local officials about the dogs. As I pointed out, he did talk to the neighbor, and got Texas law quoted to him, which means they probably know the rest of it, about how a dangerous dog, not to mention six of them, would be a problem for the owner, not the person who does something to get rid of them. Not because the local law going to come out and do something, but simply to get a record of his having discussed the problem with them, establish that the dogs are a problem. I am not sure the electric fence would solve all the problems, but it's cheap and better than spraying the whole yard with something that will wash off in the first rain.