The law

You will have a claim of private nuisance if you can prove the barking subtantially and unreasonablly interfered with your use and enjoyment of you land. However, private nuisance can be either intent based or negligence based, and the law applies to people, not dog, so that you must prove that your neighbor intended to interfere or was negligent in control the dog. Frankly, without a special statute to govern such things, your chance to win is slim because you lived under such condition for a year so that even if your neighbor is found negligent, your recovery will still be barred due to assumption of risk.

DO NOT use a camera. That might give your neighbor a claim of invasion of seclusion, of invasion of privacy tort.

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• 回複：The law -sea123- ♀ (326 bytes) () 08/31/2006 postreply 13:34:48