Legal Advice From an Animal-Law Expert

What should I do about my neighbor's abandoned dogs? 

My neighbors moved out overnight and left their dogs behind. One was a very sweet puppy and I was able to find him a good home. The other was very defensive, very skittish, and would bite if you got too close. (I wore a steel toed boot and stuck it in the fence to see if she would actually bite, and she did.) After days of work, she finally let me into the yard and I was able to win her over. She now lives with me and my two other dogs that she gets along great with. Today, my old neighbors approached me and said the dog was licensed and I had to either give her back or pay them $400, or they would sue me. I have multiple neighbors that would be more than happy to corroborate my story. Do I have anything to sort out?

ANSWER:

Consider contacting the police or a local society for the prevention of cruelty to animals to ask that your former neighbors be charged with animal abandonment. However, consider that your ex-neighbors might say that they did not abandon the dogs, was there each day to feed them, and that you had no authority to remove the dogs. In other words, they could argue that you trespassed and stole their dogs.

If you choose to pay for the dog outright, I suggest obtaining a written agreement that clearly states the neighbors are relinquishing all title they may have to the animal, and releasing you from any liability for removing them. Consult with an attorney in your area for more information.

Alternatively, you can wait to see if your neighbors actually follows through on their threat to sue you. Often, people do not, but you never know. As is sometimes said, no good deed goes unpunished! I hope the dogs are doing well.

How can my friend get her tortoises back from her ex? 

My friend has suffered three strokes, causing her and her boyfriend to break up. He told her she could keep her tortoises at his apartment until she was able to pick them up. He now is holding them essentially hostage and refuses to let her take them. Is there anything she can do to get her tortoises back? They are soley hers, not his.

ANSWER:

Your friend can sue for the return of her tortoises. However, if keeping this kind of animal violates the law, then bringing this matter to court could raise additional concerns. Also, your friend should consider what is in the best interests of these animals before moving forward. I hope your friend gets better and that the tortoises' well-being is considered. Consult an attorney in your area for further information.

Can the pound force me to neuter my dog before he's returned?

My 2-year-old dog managed to get off of his chain and got picked up by the pound. In order for me to get him back, besides paying the fees, I'm being forced to get him fixed. Is the pound legally allowed to force me to get him fixed?

ANSWER:

Several localities throughout the country have laws mandating that animals in shelters be spayed or neutered prior to redemption by their guardians. The provisions of the laws differ. You should check with your municipality regarding the law in your particular community. Most importantly, you should consider that shelters are filled with homeless animals. Spaying/neutering not only provides health benefits to animals, but also helps to reduce the tragic overpopulation of dogs and cats.

Also worth noting is that many states have laws requiring shelters to either sterilize dogs and cats prior to adoption, or requiring the adopter to agree to spaying and neutering. Again, check with your locality to ascertain the local laws in your area since the local laws often are more stringent than state laws. Regardless of the law, your dog should be neutered unless a veterinarian determines that because of a medical reason, the life of your dog would be endangered by sterilization.

My indoor/outdoor cat was taken by a shelter and then adopted out. What can I do?

My friend Casey has three cats. She has had Moses, an indoor/outdoor cat, for four years. Casey was out of town for a week, and came home to find Moses missing. She searched the neighborhood and animal shelters. By luck, she found that someone had taken Moses to the Charlotte Animal Shelter 25 miles away. She called them and was told Moses was adopted out and that after three days, the cat became their property. The lady who adopted the cat won't give him up. Can they do this? Casey and her 10-year-old daughter are devastated.

ANSWER:

If you want to pursue a lawsuit to attempt to get your cat back, I suggest that you immediately contact an attorney in your state. Some courts have held that in instances when animal shelter kept an animal for the number of days required by law and then adopted the animal into a new home, the original owner lost rights to the animal. However, there have also been cases in which courts decided otherwise. For example, in a New York case, the court seemed to consider the difficulty the original owner had in locating her lost cat because the cat was taken in by a rescue group and never actually placed in the city's animal shelter. Ultimately, the original owner got her cat back. Also, in several lost-and-found-animal cases that resulted from Hurricane Katrina, the courts found in favor of the original owners, despite the fact that shelters held the animals for time periods that far exceeded the hold periods specified under the law.

Can I sue a neighbor for not keeping his dog confined? 

My neighbor's dog is frequently allowed to run around the neighborhood. Animal Control knows the dog well and has captured the dog in the past. Apparently, the fines didn't affect the dog's owner enough, so he continues to allow the dog to run free about the neighborhood. It's not well socialized and will aggressively approach other animals. I don't believe it has bitten anyone yet, but we'd rather not wait until that happens if it can be prevented. Can we sue based on this dog owner's neglectful handling of his animal?

ANSWER:

Usually matters such as this resolve when a person is continuously issued summonses for an unleashed dog or if the animal is picked-up by animal control. One can sue to try to get a court to order a nuisance abated and/or for money based on damages suffered as a result of a nuisance, but I cannot say whether a court would find your concern about a possible future injury to be sufficient. Of course, it is usually advisable to discuss one’s concerns directly with the offending neighbor. Consult with an attorney in your area.