What Can I Do if My Neighbor's Animals Are Creating a Problem?

Most people can tolerate the occasional barking dog or a cat wandering over from next door. However, when a neighbor’s animals start to create an ongoing disturbance, you have legal options to address the problem.

State and local laws typically include rules on animal ownership, such as:

• Number of animals allowed per household and yearly licensing requirements
• Types of animals allowed in a home
• Length of time and frequency of dog barking allowed
• Leash laws for dog owners
• Cleaning up after your pet
• Willful abandonment or neglect of a pet
• Restrictions on animals that have been deemed dangerous
• Containers and proper disposal methods for animal waste disposal
• Proper loading and transportation of animals, such as inside a personal vehicle
• Animal abuse, cruelty, or inhumane treatment
• Spaying or neutering requirements and regular veterinarian care
• Rabies vaccination requirements

In this article, we'll discuss a few of the most common legal issues that come up between neighbors regarding animals. We'll explain your legal options, as well as what you should not do. Your options will often depend on the type of problem your neighbor's animals are causing.

Animal Noise Issues

One of the most common complaints is persistent or excessive noise from a neighbor's animals. All dogs bark on occasion, but a neighbor’s dog that barks all day can cause a real disturbance. Or maybe your neighbor has a rooster that crows at 5 a.m. every day.

Like most neighbor issues, the best thing to do first is to talk to your neighbor. They may not realize that neighbors can hear their dog, or that the dog barks when they're away at work.

If the problem continues, you can call your local police department's non-emergency line and make a noise complaint. Most local noise ordinances designate "quiet hours," usually overnight. For instance, 11 p.m. to 7 a.m. on weekdays and 11 p.m. to 8 a.m. on weekends.

Violations of local ordinances often result in a warning first. Then citations and fines could follow if the noise persists.

The police department typically will not send officers unless it is an emergency. It may be more helpful to call your local animal control service instead. If they believe your complaint has merit, they may contact the owner of the offending animal with a warning. If the problem continues, the neighbor may receive a citation, similar to a traffic ticket, which the neighbor can pay or challenge in court.

Property Damage Caused by Neighbor's Animals

When your neighbor's animals cause actual damage to your property, you have stronger grounds for legal action. Some of the property damage that could potentially occur is as follows:

• Using your yard as a bathroom, damaging your plants or landscaping
• Digging up flowerbeds or gardens
• Damaging fences, crops, or other property
• Damaging outdoor furniture, decorations, or structures

Keep records of when animals enter your property and the damage they cause. In many cases, if you ask your neighbor to help pay for the damage, they'll be willing to take responsibility.

But if they don't, you may be able to seek compensation for repairs and get a court order saying the animals must be kept on their side of the property line. These cases are typically handled in small claims court. However, if the amount of damages is high enough, a civil litigation attorney can help you file a more complex claim.

Animal Bites

Dog bites, scratches, or other injuries can lead to civil and criminal legal consequences. If the injury is serious enough, animal control might seize the animal.

In most cases, the animal owner's homeowner's insurance policy will cover damages for injuries that occur on their property. Coverage might be limited for injuries that happen elsewhere, like a neighbor's property. However, the victim of the bite may also take legal action.

A dog that has bitten a neighbor on more than one occasion may be declared dangerous by a judge. They may order that the animal must be confined in the home or behind a fence. Or the owner may have to surrender the animal. But, states differ on the threshold for liability.

For instance, some states hold owners strictly liable if their dog bites someone. But in other states, the owner must have known (or should have known) that the dog was dangerous or unpredictable.

These incidents can fall within both personal injury and property law, which can get confusing. If you need more help, consider contacting a personal injury lawyer.

Pet Hoarding

If a neighbor has too many pets, they could be in violation of a local zoning law, health code, or noise ordinance. The pets' welfare also may be called into question, especially if they live in unsanitary conditions or don't receive adequate food, water, or medical care. Most state animal cruelty laws include standards of care for pets and other animals.

If you belong to a homeowners association (HOA), start by speaking with the HOA about your concerns. They may be able to provide remedies.

You can also call law enforcement or animal control. Many states have laws against animal hoarding. It may even be a crime. Your local humane society may also be able to help.

What Can I Legally Do About Neighbor Pets That Keep Coming Into My Yard?

Your neighbor's animals may wander onto your lawn without causing any damage. State and municipal laws often consider this a minor trespass issue.

In most cases, the best first step is to simply remind your neighbor to keep their pet contained within their property. Once informed, many pet owners will address the issue.

If your neighbor's pets keep entering your property, you could:

• Install barriers. You can install a fence on your own property to keep animals out. Keep in mind local fence laws and HOA rules might restrict the type of fence you construct and where it should be. 
• Try mediation. If you cannot solve the problem with a one-on-one conversation, you can try working with a mediator instead of going to court. In this process, a neutral third party helps you work out a solution.

If you cannot resolve the problem with your neighbor's animals through discussion and negotiation, you may wish to get animal control involved. They can investigate the problem and issue citations for violations. However, this option should be reserved for serious situations where an animal is in unsafe conditions or is a safety threat.

What Happens When You Call Animal Control on a Neighbor?

When you contact the animal control department about a neighbor’s animal, the following are some of the steps that often occur. However, the process can vary depending on where you live.

Initial Investigation

An animal control officer will investigate your complaint to assess if your neighbor violated any laws or local ordinances. They'll conduct an initial assessment and review all the details about the situation. They will consider the type of animal and the duration of when the problem occurred.

In most instances, an officer may conduct an on-site visitation or may collect evidence of what happened.

Provide Warnings

If the agency finds that the pet owner violated laws or local ordinances, the pet owner may initially receive a warning. The warning can be verbal or written and could also contain the local ordinance violated and the steps needed to comply with the law.

Follow-Up Monitoring

Animal control may also schedule a follow-up visit to ensure that the neighbor complies with the warning.

Citations

If the problem persists even after the warning period, the violation could result in citations with fines. The fines can range from a few dollars to hundreds of dollars, depending on the local ordinance and the severity of the violation.

In some states, dogs caught off leash roaming beyond their neighbor’s property can be impounded. Multiple states have laws related to dogs running at large, which are dogs running off leash and not responding to their owners' voice commands.

Court Action

Pet owners can either pay a fine or challenge the citation in court.

Filing a Lawsuit

As a last resort, you can file a civil lawsuit on grounds related to nuisance. You could seek a court order demanding that your neighbor resolve the problem in a timely manner.

For example, if your neighbor has not remedied a problem despite your many attempts to resolve it, a court could assist you in obtaining a solution.

Whether it's damage from a neighbor who hasn't prevented their animal from repeatedly using your property as a bathroom or damage from livestock on your farmland, you can seek assistance from a court under extreme circumstances.

Nuisance Lawsuits

If repeated complaints to the local animal control authorities do not solve a noise or barking problem, you may want to consider filing a private nuisance lawsuit in court.

A private nuisance is more than just an occasional annoyance. It must interfere with a property owner's use and enjoyment of their property. Furthermore, the interference must be substantial and unreasonable. Each state has its own caselaw that illustrates what is considered substantial and unreasonable.

If the suit is successful, the court may order the owner to remedy the situation or face steep fines. They can even face jail time if they disobey the court order.

Negligence Lawsuits

Many different types of animals can cause injuries. In general, proving pet owner negligence involves showing that a caretaker failed to take reasonable precautions to limit a known (or foreseeable) danger posed by an animal.

This could include instances where there may be a compelling reason for muzzling a reactive dog, keeping it in a fenced environment away from others' property, or keeping it on a leash at all times.

What You Cannot Do

Even if a neighbor's pet is causing a disturbance, there are a few things that you can't do:

• You cannot trespass to resolve an animal-related disturbance. You may face penalties for crossing the boundary lines of your property onto a neighbor's property.
• You cannot take a neighbor's pet to an animal shelter or anywhere else. If you're concerned about the dog's safety or are worried they'll hurt someone, call animal control.

It's important to verify the laws of your state. Many other types of behaviors are prohibited, as well. You should check zoning laws in any given jurisdiction, among others.

Neighbor's Animals Creating a Problem? Get in Touch With a Local Attorney

If your neighbor's animals are creating a problem, it's always best to try to work it out directly with your neighbor. But that's not always effective.

If the animal causes extensive property damage, hurts someone, or becomes a legal nuisance, you'll probably want to get legal advice from a local attorney. Especially if you're considering filing a lawsuit.

• A real estate lawyer can help you navigate local zoning laws and related issues
• A civil litigation attorney can help you file a claim for things like property damage
• A personal injury or dog bite attorney can help you in cases where a neighbor's animal hurts someone