What Should I Do If My Neighbor’s Dog Destroys My Yard?
Destroyed flower beds. Holes in fences. Patchy grass due to urination. I have heard a lot of stories about how someone else’s dog can ruin your landscaping. It is not uncommon to have your neighbor’s dog or a someone’s dog that goes on walks in your neighborhood come onto your lawn and damage your hard work. So what do you do when a dog damages your landscaping?
What are my rights when a dog damages my landscaping? Someone coming onto your property and damaging your property can give rise to a number of different types of lawsuits depending on how things played out and out frequently it happens. The most common type of lawsuit we see for damage to your yard is either trespass or conversion.
Trespass is best thought of as someone coming onto your property and damaging (but not destroying) your property. Think if your neighbor’s dog burrowed under your fence and chipped the fence but did not damage the footing. That is a good example of trespass.
Conversion on the other hand is the more serious version. Conversion is generally thought of as if the neighbor’s dog came onto your property, grabbed a lawn ornament, and ran off and buried it in your neighbor’s yard. If the item is completely lost or destroyed, you may be better of seeking a claim for conversion.
Am I entitled to money if my neighbor’s dog damages my property? A dog owner is required in Virginia to exercise reasonable care in making sure their dog is properly supervised to manage any danger they may pose to other people. Butler v. Frieden, 208 Va. 352 (1967). The most common scenario this happens is in dog bite cases. However, an owner’s liability is not limited to just dog bites. If a dog is known to steal chickens, the owner can be liable if they allow the dog to roam around killing chickens. Similarly, if a dog is known to destroy flower beds, the owner better be keeping a close eye on that dog or they could be held responsible.
Whether the owner is going to be responsible is going to depend on the dog’s history and the actions the owner is taking to supervise the dog. If the dog has no history of damaging property, it may be more difficult to pursue a claim against the owner.
What do I do to protect my property from dogs? The best thing you can do to minimize the impact of dogs or other animals is to have a good homeowner’s or renter’s insurance. A good insurance policy will cover scenarios that aren’t covered above. Maybe the dog has no history of causing damage and the owner had no idea the damage would happen. Either way, insurance can protect from scenarios where the owner may not be responsible for what happened.