Fences, Dogs, and Neighbor Kids

[holmes168]

Hoping someone may know something on this.
Basically- kid climbs on top of the retaining wall in his backyard and dangles head and arms over the fence separating our yards. Obviously- part of his body is now in our yard. We have three big dogs and this drives them insane. We have told the Mother this behavior needs to stop. This morning- dogs go to bathroom and kid dangles himself over the fence. The dogs start barking and my wife corrals them inside.

Questions:
1. Technically isn't the kids body, dangling arms in our yard trespassing?
2. Since he is in our yard, not invited- what happens if he gets bit?
3. We are contacting our HOA and sending a complaint by registered letter, what else needs to be done?

Thanks to all the help! Hoping some of the LE may have seen this before.

[blues]

Hoping someone may know something on this.
Basically- kid climbs on top of the retaining wall in his backyard and dangles head and arms over the fence separating our yards. Obviously- part of his body is now in our yard. We have three big dogs and this drives them insane. We have told the Mother this behavior needs to stop. This morning- dogs go to bathroom and kid dangles himself over the fence. The dogs start barking and my wife corrals them inside.

Questions:
1. Technically isn't the kids body, dangling arms in our yard trespassing?
2. Since he is in our yard, not invited- what happens if he gets bit?
3. We are contacting our HOA and sending a complaint by registered letter, what else needs to be done?

Thanks to all the help! Hoping some of the LE may have seen this before.

Seems to me that the parents are endangering their child via negligence to take prudent measures to protect their child. If HOA can't help maybe you can advise that you'll be forced to contact Child Protective Services or something of that ilk.

[Zincwarrior]

Would a non 911 call to police be prudent? It makes a record that you warned everyone of his trepassing and potential danger.

How old is this idiot?

[Peally]

In a perfect world it'd involve dragging the asshole over the fence and teaching them a life lesson, but we're in a far from perfect world.

[Zincwarrior]

In a perfect world it'd involve dragging the asshole over the fence and teaching them a life lesson, but we're in a far from perfect world.

Indeed that would be the most efficacious remedy.

[Irelander]

It is sad that the most expedient and successful methods of attitude adjustment are no longer legal, in most parts of the USA.

[Erik]

Any chance you can get the kids and the dogs acquainted and reduce the chance that he'd get bitten instead of licked?

[Mitch]

In a perfect world it'd involve dragging the asshole over the fence and teaching them a life lesson, but we're in a far from perfect world.

I'm having a similar problem with a neighbor. The asshole in this case is the parent. But beyond that, I agree.


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[Zincwarrior]

What is the parent doing?

[RevolverRob]

Build the wall taller, eight feet ought to do it.

Send the bill to the parents.

Enjoy the hilarity that follows.

[GJM]

How about a hybrid approach:

Have a formal discussion with neighbors. Follow it up with a letter summarizing the conversation, and your concerns.

Call the police and discuss, making sure they document your concern. Ask for their advice.

Consider a video cam focused on the wall separating the yards.

Possibly introduce the child to the dogs.

[Oukaapie]

Use the right weapon for the job. Discuss with an attorney. Get their stupidity on record ASAP. It's just a matter of time before The kid falls or the dogs' jumping improves.

[blues]

I agree with getting things documented. Call me cynical but any parent not concerned enough about their child (potentially) being harmed by multiple dogs strikes me as someone not beyond looking for a payday.

[Duelist]

Turn on your sprinklers?

[NEPAKevin]

We had a problem at our impound yard where thieves found a spot where they could crawl under the fence. Noticed it when the dog tracked them to the fence. Coincidentally, I found that the perfect spot to toss the dog's poop. Good news is, the next time they snuck into the yard, they didn't leave empty handed. FTR, I am in no way recommending or even suggesting leaving dog poop on your retaining wall. :)

[holmes168]

We are going to have a formal discussion with the parents the next time it happens. We have a local LE assigned to our neighborhood so the next discussion will be with him. Trying to be good neighbors, but want to protect ourselves and dogs, plus their child.

[NH Shooter]

...any parent not concerned enough about their child (potentially) being harmed by multiple dogs strikes me as someone not beyond looking for a payday.

...and advocating to have your dogs destroyed.

[Trukinjp13]

...and advocating to have your dogs destroyed.

This.


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[Zincwarrior]

We had a problem at our impound yard where thieves found a spot where they could crawl under the fence. Noticed it when the dog tracked them to the fence. Coincidentally, I found that the perfect spot to toss the dog's poop. Good news is, the next time they snuck into the yard, they didn't leave empty handed. FTR, I am in no way recommending or even suggesting leaving dog poop on your retaining wall. :)

This may be remarkably effective.

[Erik]

Back in the day, a friend of the family planted poison ivy along her fence. She wasn't allergic. Local kids were. Not unlike the dog poop solution.

[LittleLebowski]

Talk to the parents, warn the cops about the potential incident, and cameras NOW.

[Bratch]

Any chance you can get the kids and the dogs acquainted and reduce the chance that he'd get bitten instead of licked?

This may or may not work.

I was speaking to our neighbor across our 6' stockade fence and he stuck his hand across, our Mal jumped up and grabbed his arm. Luckily he released and there were no injuries. A few days later same neighbor was in our living room cuddling with the Mal on our couch. They had met multiple times prior to the fence bite.

[DamonL]

In third world countries, the tops of walls are covered in broken glass. Prisons use coils of razor wire on top of walls. For fancy walls, there are decorative spikes that could be installed on top. You could build a 12 ft wall on your side of the retaining wall at least far enough away so they can't jump across. Fill the space in between with water and alligators so you have a moat. I mean a water feature. Sorry, just trying to bring a little levity to your predicament.

[idahojess]

If nothing else, this would be a civil issue if the kid gets hurt. Your questions regarding whether you are liable generally depend on the particular laws of your state, so you should talk with a local attorney. Like a lot of civil fights, an ounce of prevention is worth a pound of cure, as not being liable doesn't prevent you from being sued... (This isn't legal advice...)

I had my old Chesapeake bite somebody who was reaching over the fence to pet him (while I was in law school at Idaho, no less) and it still was a pain in the ass. Police got called, dog got impounded for a week to ensure he wasn't vicious, etc. The police were professional, no charges, but still, pain in the ass. The victim contacted me once, but didn't sue. That was 15 years ago, and people are more litigious, and there are more "dangerous dog" laws that kick in when a dog bites someone.

I do believe that some dogs (including my old Chesapeake, which were bred to guard wagons) have an instinctive response to bite people sticking their hands over fences, into cars, etc., even if they are otherwise friendly. Even if your dog bites somebody, and no suit is filed, you might have a hard time getting homeowners' or renter's insurance (I did).

So avoid it at all costs. (again, not legal advice)

[MistWolf]

I know someone who keeps deer out of their yard with a motion detector activated sprinkler

[Mjolnir]

Posts 11 and 12.

Something along these lines.

You will be sued mercilessly and perhaps charged if your dogs get ahold of the kid.

What if you cannot get them off of him?

What if they KILL him?

The System will come for YOU.

Try your best to rectify it by instructing the stupid assed parents and introduce the child to your dogs the PROPER way.

Good luck.


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