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Monday, September 25, 2006

Can you glue broken glass along the fence top to prevent fence jumpers?  What about digging holes and filling them with nails?
 
So much for "Good fences make good neighbors."  The general rule is that a landowner cannot boobytrap property to deter invaders.  So the holes filled with nails are definitely out.   As for the glass, if the shards were obvious enough that anyone could see them before they attempted to climb or jump the fence, I don't see how that is any different than topping the fence with barbed wire or a properly marked electrified fence.  Check for local zoning or building ordinances which may restrict the type of fence that can be constructed.  Usually your local code enforcement officer can answer questions about restrictions on fences.
9:43 am pdt

Saturday, September 23, 2006

I was told by a Stokes County (NC) police officer that viewing a police video of a traffic violation was not allowed by NC law. The statement came up after I was stopped and cited for failure to stop at a four stop intersection. I requested to see the video evidence as I really believe that I stopped. It would seem that a simple viewing could positively show who was mistaken, just as instant recall videos in a football game often overturn referee field calls.

If the officer told you that the law prohibits him showing you the video, he was mistaken or misinformed. It is true that a law enforcement officer is not required to show you the video.  I expect that most law enforcement agencies will not voluntarily allow people charged to watch the videos.  This is probably to avoid getting into a debate with the driver about what the video shows.  If you believe the video would show that you stopped, you could subpeona the video for use at your trial on the stop sign violation.  That will not allow you to watch the videotape before trial.  The officer would just have to bring it with him to court.  If you decide to go to trial, you should hire an attorney to make sure that the subpeona is done correctly.

8:05 am pdt

Sunday, September 17, 2006

Could you please tell me if there's any law in North Carolina concerning stores' pricing errors?  Do stores have their own policies or is there a law or guideline?
 
On several occasions I've been  charged more than the sale price in several stores like Kroger, Food Lion and expecially K-Mart.  Some stores used to compensate but now they just pay you the price difference.
 
I don't think the store has any obligation to individual buyers except to sell the item at the advertised price or refund any overcharges.  If the store has a posted policy (such as the item scans correctly or it is free) then it must do what it promised.
In North Carolina retailers who have a greater than 2% price scan error rate face civil penalties if they do not correct the errors.  The N.C. Department of Agriculture Standards Division conducts random inspections and investigates complaints from consumers.
12:37 pm pdt

Friday, September 15, 2006

Is it OK to put unpaid merchadise in your bag and walk around the store? Is it considered stealing even though you never walkout of the store?
 
Concealing merchandise that has not been paid for is considered shoplifting in North Carolina. There is no requirment that the merchandise leave the store.  It is a misdemeanor offense.  Here is the statute.
12:55 pm pdt

Monday, September 11, 2006

My husband and I are new to Charlotte and our neighorhood.  Our backyard is enclosed by fencing on all sides, however certain sections of the fence actually belong to different homeowners.  The fence section at the very back of our yard belongs to those neighbors, not part of our property.  We have two dogs that are outside at times.  These neighbors also have a dog that comes out less frequently.  At times, when their dog comes out one of our dogs will run along the fenceline and has jumped on/at their fence.  This has bothered the neighbor who is threatening to call police claiming our dog is 'trespassing' the times it jumps on the fence bordering our yards.  He has stated that although our dog remains in our yard, has not caused any damage, has never been in his yard, he legally has two-feet on either side of his fence he can claim.  If the fence is along the property line can he claim the two-feet in our yard legally??  What recourse does he/ do we have with regards to the fence?
 
Your neighbor's property rights end at the boundary of his property.  It might technically be trespassing for your or your dog to touch his fence, but the police are highly unlikely to charge you.  If your dog did damage the fence, you would probably be responsible for the cost of repair.  It sounds to me as though your neighbor is being pretty unreasonable.
6:28 am pdt

I am a volunteer for the CCAA (Cane Corso Association of America) rescue. Back in May we adopted a dog named Aisa to a couple in Goldsboro N.C. We checked all references and they were approved. The dog they adopted was not yet altered and the adoptee agreed to have the alter done and we agreed to deduct it from the adoption fee. No fee was collected at the time the dog was adopted. Our contract clearly states if for some valid reason, the adoption does not work to the advantage of the new owner and the dog, CCAA must be contacted and given the option of reacquiring the Cane Corso, free of charge, before any further placement. This dog was listed on another rescue site as being available due to the adopting couple having marital problems. CCAA was not contacted. We found out by stumbling acrossed it on the internet. The contract also states that the dog must be microchipped. The microchip implant is the financial responsibility of the adopter.  CCAA Rescue MUST remain as the "primary contact" for the dog.  Proof of the microchip implant must be sent to the Rescue within 30 days of the adoption. This was done by the adoptee and she listed herself as the contact for the dog. The adopter refuses to tell us the location of the dog and states she will no turn the dog over to the CCAA. She states we will never find her or the dog. She has moved from the location that she orginally gave us and has changed her number. We see it as stealing the dog being she breached every part of the contract. Am I right or am I wrong? We have contacted the local police and were told it is a civil matter. Please advise.
 
The adoptee has breached her contract with you but that is not the same as stealing the dog.  Police rarely will intervene in situations such as this.
Probably your only recourse would be to sue the adopting woman for breaching the contract and request that the court order her to return the dog.
In future adoptions your organization might consider having the dogs spayed or neutered before the adoption takes place and building that cost into the adoption fee.  You could do the same with the microchipping.  That way it would be less trouble to enforce the terms of the contract.
 
6:05 am pdt

Tuesday, September 5, 2006

We have had boundary problems.  My neighbor on one side got a survey and put up a fence.  We still had to survey our property as there was questions about our property lines.  My property was surveyed about 10 years ago but BOTH sides kept removing/moving the survey spikes.  I did take pictures of the survey that my neighbor did on the border that we share. 
I got my survey and our surveyor agreed with the survey that the neighbors surveyor did so he did not mark it as it was already clearly marked.  I went to plant something by the border and found that the rock I keep there to mark the border was moved over and the spike was moved 6 inches over my side of the property line.  The hole from the spike is still very clearly there as it had to have just been moved over the last few days to a week or so at best.  I took pictures of that as well.  My neighbor claims that they didn't move it and that is where it always was and that the rock that I keep there was moved over to his side.  My pictures show they were taken before he put up his fence and the sidewalk lines clearly show that the spike with the pink ribbon is in two different positions.  I wouldn't sweat 6 inches but the sneaky way they are behaving has me really steaming.  Can you tell me if you think the pictures I took will be enough in civil court?
 
It is impossible for to say if the pictures would be enough evidence.  If you were to sue your neighbor for trespassing on your property and removing survey stakes you would have to prove that it was more likely than not (called a preponderance of the evidence) that your neighbor moved the stake.  The evidence shows that the stake was moved, but not necessarily who moved it.
 
You have the right to plant things (or build) on your side of the line and the neighbor has the right to do the same on his side.  Moving the survey marker does not move the property line.  Taking this to court will be costly and time-consuming for you.  Maybe you should get a heavier rock (or talk to the surveyor about installing a permanent fixed corner marker).
7:40 am pdt

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