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Neighbour's dog got into our yard who fixes the fence??

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  • Feb 10th, 2023 1:30 pm
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[OP]
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Dec 8, 2020
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Neighbour's dog got into our yard who fixes the fence??

I was in the house and I heard a savage dogfight. The TV was on, so I assumed that’s where I was coming from. But quickly realized it was coming from our backyard. Turns out the neighbours daughter had her dog visiting. It had gotten under the fence and had gone to attack our two dogs.
One is a 7 pound mini schnoodle. The other is our a 70 pound German shepherd. What I saw and heard was shocking. We have a small fence that runs between the pool and the neighbours fence. There is a small gate there. Their dog was trying to attack and was going at the fence. Our GS was being protective of the mini dog which was beside him. The sound was literally something from the movies. I thought our gate was going to break and the small dog would be killed while the two big dogs went at it. The neighbours daughter was screaming to call her dog while I was screaming at her to call it.

So what had happened was part of the fence that runs along our homes, collapsed. It seems our neighbours had landscaping done a couple of days previously, and the extra weight of the dirt caused an issue. There has been no communication since as she she was angry at me for being upset at her daughter.
I decided today to take a video of what’s going on under our pool deck. It’s pretty obvious that the fence needs fixing. It looks to me that the dirt on her part of her yard is coming through in more areas.
My question is who is responsible for this? It’s pretty obvious that with the amount of dirt that they added to their backyard is collapsing the fence. They seem to have Jimmy rigged it from the other side. Today that dog is back so my concern is back.
I believe the fence would be hers because of the layout. Either way all the dirt that they added is the reason for the fence, collapsing.

I have somebody that will go over and talk to the owner, but I need to know where I stand for resolving the fence issue before that is done. For some reason I cannot add video. Just posted pictures.. our pool deck is on the left the stone walkway is the neighbours yard.
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Last edited by Dejavudiva on Feb 8th, 2023 6:00 pm, edited 3 times in total.
34 replies
Deal Fanatic
Dec 19, 2009
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Whoever wants to fix the fence!
There's no law saying a fence has to keep animals out.
Read the fence bylaws for your municipality.
[OP]
Member
Dec 8, 2020
453 posts
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Bc canada
pootza wrote: Whoever wants to fix the fence!
There's no law saying a fence has to keep animals out.
Read the fence bylaws for your municipality.
Actually, this is not true. They are responsible for their yard maintenance. I have contacted the city and they say it loojs to be an actual Bylaw infraction as they have accumulated so much dirt its coming into our property. I don’t know which Byelaw as I am waiting for them to contact me back. It looks like the fence is on their side of the property as well. The city advised me to get property plans to double check as they also think its a court issue. I was hoping this is not the case, and somebody else had gone through something similar..
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Feb 11, 2007
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Pics would be worth almost 1000 words.
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Mar 13, 2004
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How old is the fence? It looks older and may be just falling apart due to age and weather. if thats the case I would say it should be 50/50 But their dirt coming over to your side is not right either but Im not sure if that broke the fence (im thinking not) Just age has made it old and weak?
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Jan 6, 2002
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If you think the fence is theirs, then it's their business to leave as is, neglect, or repair as they choose.

The dog issue is unrelated to the fence issue.
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Dec 4, 2009
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I'm assuming all that damage is on your side of the fence. If so, fix it yourself.
"I'm a bit upset. I've been grab by the back without any alert and lubrification"
Lucky
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May 9, 2017
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Dejavudiva wrote: I have contacted the city and they say it loojs to be an actual Bylaw infraction as they have accumulated so much dirt its coming into our property. I don’t know which Byelaw as I am waiting for them to contact me back.
City is probably referring to a grading/drainage issue (neighbor) depending on the grading plan.

The fence is most likely a civil issue. Do you have a survey, or know exactly where the property line is?

Lastly, decks usually have a setback requirement from the property line. Depends on municipality but ~1m or more.
Last edited by CANbike on Feb 8th, 2023 9:15 pm, edited 1 time in total.
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Dec 3, 2013
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Somewhere over the r…
That does not look like damage caused by the weight of the dirt to me.
It's hard to tell from the pics. Is the damage that is show on the pic on your side?

The dirt should not be coming onto your property but you would think the excess weight of the dirt would not collapse the wood in that fashion
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Feb 25, 2004
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They cannot change the grading unless they get a permit from the city. Also, dirt in direct contact with the fence like that will make it rot (it is recent so it is unlikely to be the issue here but in the future, any wood fence will rot faster if it stays the same).

Fence or not, the neighbor dog should get into your backyard. It is her responsibility to prevent it and the fence is probably the easiest solution. So if you don't do anything to fix the fence, she is likely to do it in order to avoid her dog escaping from her backyard. The problem might solve itself.
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If it’s their fence, and they choose not to fix it, they don’t have to. There’s no law saying you have to have a fence between neighbours.

Now the problem is the daughters dog. I’m really sorry that happened to your dogs. Make sure she knows the next time her dog gets on your property, you’re calling animal control, regardless if it attacks your dogs or not. If she knows the fence is unsecured, she needs to make sure her dog is leashed when she goes in the yard.
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CANbike wrote: City is probably referring to a grading/drainage issue (neighbor) depending on the grading plan.

The fence is most likely a civil issue. Do you have a survey, or know exactly where the property line is?

Lastly, decks usually have a setback requirement from the property line. Depends on municipality but ~1m or more.
Looks like the OPs deck is right up against the fence or very close to it. If the fence is on the property line or neighbour's property then it definitely doesn't meet the minimum setback requirements unless they are none in his/her area which is doubtful.
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I just want to add, the row of dead cedars look really nice Face With Tears Of Joy
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The first thing to figure out is who owns the fence. Typically, if the fence sits completely on your property, it's your fence. If the fence sits right on the property line, then it's a shared fence and hence a shared cost.

The other thing is the neighbour basically caused the issue as it was their dog (her daughter's dog really but still on that side) and they have a responsibility to control their animals.
[OP]
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Toukolou wrote: I'm assuming all that damage is on your side of the fence. If so, fix it yourself.

I don’t think you actually read the post. The damages is there’s.
[OP]
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Dec 8, 2020
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Bc canada
sickcars wrote: How old is the fence? It looks older and may be just falling apart due to age and weather. if thats the case I would say it should be 50/50 But their dirt coming over to your side is not right either but Im not sure if that broke the fence (im thinking not) Just age has made it old and weak?
It is an old fence. But the weight of the constant dirt is what did it. It happened the day after the landscapers came again. It was too much for the fence..
[OP]
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Dec 8, 2020
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Bc canada
JEDI Force wrote: I just want to add, the row of dead cedars look really nice Face With Tears Of Joy
That’s hers. Lol. I agree.
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Dec 4, 2009
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Dejavudiva wrote: I don’t think you actually read the post. The damages is there’s.
Sorry, but I missed where it said this damage was on their side of the fence.

If the damage is indeed on their side of the fence then I'm not sure what your goal is. Is it to compel them to fix their side of the fence? All I can suggest is reinforcing your own side of the fence if a collapse is what you're concerned about, or close any gaps that could allow pets to cross into or out of your yard.
"I'm a bit upset. I've been grab by the back without any alert and lubrification"
Lucky

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