From: WHITLOCK@vaxb.gbus.virginia.edu (Reid E. Whitlock)
Subject: Re: KILLING DOGS & CATS THAT TRESPASS ON MY PROPERTY
Organization: Darden Center, University of Virginia
Date: Sat, 11 Apr 1992 00:04:01 GMT

In article <1992Apr10.193625.13614@nic.umass.edu> S7985203@deimos.ucc.umass.edu ( ) writes:
>In <WHITLOCK.39@vaxb.gbus.virginia.edu> WHITLOCK@vaxb.gbus.virginia.edu writes:
> 
>> I could buy your argument as it applies to "wild" (non-domesticated) 
>> animals. It simply does not hold with animals that are "owned". In effect, 
>> they are the property of their owners and as such, the responsibility under 
>> all U.S. tort law with which I am familiar, of said owner. I'm sure that if 
>> I happened to be able to "catch" the perpetrating beasties "in flagranti 
>> delecti" I could call a dog and/or cat catcher and have the varmints 
>> removed. My problem is that the episodes are (to my knowledge) relatively 
>> infrequent (but no less outrageous to my sense of personal property rights). 
>> No "catcher" will remain vigilantly posted in my yard, and the critters are, 
>> frankly, too damn fast. 
>> 
>> I'd prefer them dead, on principle --- they need to be punished for the 
>> trespassing they have already done --- but I's settle for their permanent 
>> removal from the property. Notice that I haven't suggested a guerilla 
>> revenge campaign against the owners of the offending creatures. Since 
>> animals do not yet, thank goodness, have any rights under the law in our 
>> fair country, by rights I should take the owners to court. Again, a problem. 
>> I don't have the time for all that --- and ---I'd ruin my reputation as a 
>> model neighbor. Far preferable would be the complete (but mysterious) 
>> disappearance of said unwanted interlopers. HOW TO DO IT. THAT's my question.
>> 
>> C'mon Christy, won't you help ???
>> 
>> Reid


>C'mon Reid!  Animals need to be punished for trespassing?  PLEASE!  I haven't
>met an animal yet who understood what that meant.  "Gee, Rover, see that grass
>over there? Don't walk on it!"
>I honestly don't think Rover will understand what I'm saying.  Sure, animals
>are smart to a point.  But so far I haven't met one that understands that much
>English. 

So far we agree.


>Give the poor things a break!
>It's true that they shouldn't be on your property.  The owners should not let
>them outside if their not going to be tied up or behind a fence

Again, it seems that so far we agree. This point (immediately above) is 
central to the discussion.

> (but understand
>it's necessary for the animals to be let outside.  They need the fresh air to
>remain healthy).


Fine! ON THEIR LAND. NOT ON MINE!!!

> So, you're only solutions are to either 
talk to the owners>

Which will piss them off and categorize me as an agressive, non-congenial 
neighbor. Exactly what I'm trying to avoid in my efforts to "keep the peace" 
and keep a low profile and just live my life privately and quitely on my own 
land --- free of unsolicited domestic animals.



>and ask them to do something or put up a fence yourself!  

NO, or as they seem to say these days "NOT!!!"

I will NOT! Why should I have to spring for a fence because the neighbors 
are breaking the law. Actually, there is an interesting additional element 
here that I did not mention earlier --- fences are not permitted. The 
subdivision "commission" has ruled that they would destroy the aesthetics 
of the neighborhood, so fences are out. Hedges are a possibility I suppose, 
but they take a long time to grow from scratch, and to plant already full-
grown ones (a) costs a fortune and (b) is not a fool-proof barrier, it is 
merely a first-line deterrent.

>I know, that's>exactly what you didn't want to 
hear because it's a 'humanitarian' response. >Well, I'm proud to say that I'
m a humanitarian.  You can't blame the dogs for>walking on your property.  
So, punishing the animals would be fruitless.


It might not be humanitarian, but neither would it be fruitless. It would 
eliminate the problem. Sounds good (though admittedly non-humanitarian) to 
me!

>  Go to >the owners and leave the poor animals alone!

>Christy

And what if the owners say "go to hell"? What if they DO tie up their 
critters but subsequently snub me or worse? That would lead to the very 
degradation in neighborly relations that I am trying to avoid. As is evident 
from the dialog on this topic already aired, the topic is a sensitive one. 
People do not necessarily respond to either "reason" or legal realities 
where their pets are concerned. THAT's why I need your advice!

Reid

P.S. This last letter did help some, I didn't mean to imply that it did not. 
Thanks!

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