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Posted Feb 7th, 2012
Is this a civil or real estate issue when neighbor illegally ties into fence that is on another
property while his dogs dig under fence into our yard?

Additional Details:
Not sure if I need a civil attorney or real estate attorney regarding a neighbor who has illegally
tied into our fence that is inside our property line. His dogs keep digging under our fence and
coming into our yard, it''s a pitbull mix and has already had it''s jaws around the ankle. The dog
continues to charge into our fence when we try to get work done in our yard, and has already knocked
me over several times. We have complained to the neighbor since March 2011 and he continues to
ignore our complaints. We have filed multiple complaints to Animal Services since his dogs keep
escaping his property. If someone could tell us which attorney we need we would like to have the
neighbor detached his fence from our property and put up his own fence to keep his dogs from
charging into our fence to stop it from causing bodily injury to either of us when were outside
doing yard work.
Legal Topic Area: Real Estate in CA

Dear Anonymous,

This is a bit of a mixed-bag of matters. The fence is a real estate issue, and you want a real estate litigation attorney. The dog issue is partly a real estate issue (trespass, nuisance), but may also involve a dog-bite complaint if the dog bit you and charges you knocking you down. I would start with a real estate litigation attorney first, and from there he may associate another attorney if necessary or refer you out if you need other counsel for the dog issues. Given the level of action you have taken to resolve this without going to court, it is likely that you will need to actually file a lawsuit to resolve this matter - your neighbor doesn't seem inclined to resolve it voluntarily, and it sounds as if the local animal services aren't helping you either.

David L. Gibbs, Esq.
The Gibbs Law Firm, APC
San Clemente, California
david.gibbs@gibbslaw.com

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Answered on Feb 7th, 2012 at 5:57pm