How to legally keep these dogs

lisacm001

New member
How long do you keep a stray dog before you can legally make it your own? We have two dogs that over the past year or so on a regular basis come to our home and stay for days at a time. One is in my opinion a mix breed with hip dysplasia. He is a good dog. We give him meds that we have and he gets to feeling better. The other is a Newfie. Both are some what on the skinny side (especially the Newf) NOw here is the kicker. We know who owns these dogs and they know they come here on a regular basis. We call, we text, we even speak to their neighbors (this is a neighborhood up the road from ours) but no one comes to get them. The dogs will leave for a few hours or a day but always come back here. I dont want to put up signs or contact the humane society. I just want to keep them. Make them healthy and give them a good home. My family wants to the same. It just angers me and my oldest daughter that they treat these animals this way. The Newfie is gonna kill over in this heat. Its over a 100 dgress here just about everyday. Am I wrong if I just keep them and never inform anyone that I have them?
 

Angela

Super Moderator
I can't help you about the laws of N. Carolina, but, have you thought of actually going to their house and asking if you can adopt these 2 dogs?
 

Abbey

Active member
I can't help you about the laws of N. Carolina, but, have you thought of actually going to their house and asking if you can adopt these 2 dogs?
I agree.....just ask. Tell them they are welcome to come visit the dogs any time but they seen to prefer living with you! :shrug:
 
I agree it can't hurt to ask. Maybe they'll agree but only if you fill out a contract so they can't come get them after you make them better.
 

lisacm001

New member
We asked the very first time we had them. It took them a week to come get them that time. They said no. My son goes to school with their son and he makes him aware of the dogs being here and still no one comes to get them. We are going to go the legal route so there is no way they can come back and sue us or make a stink. They just don't need these dogs if they are not going to take care of them.
 

Jeannie

Super Moderator
A dog is considered property. Ownership/posession is 9/10 of the law. I know someone who was in the same situation as you. They kept the dog. The other person took them to court. The people were allowed to keep the dog.
 

YorkvilleNewfie

New member
You could probably speak to animal control or a local branch of the ASPCA and see if they can give you any sort of legal counsel with regards to this situation.
 

Tula

New member
I would consult your animal control dept. Perhaps they could "keep" them ( with your "help") for the legal time limit. Then they would be eligible for adoption. Kim
 

4ondafloor

New member
The first thing I would do is establish a pattern of care with your vet. If you KNOW the dogs are vaccinated that's one thing but it sounds like you're not certain what (if anything) has been done by way of vetting.
Take them to the vet, get a checkup and see what you're dealing with. If meds for anything are needed then start from there.
Possession being 9/10's of the law is a myth when it comes to companion animals. Most states will side with the owner unless severe neglect is proven. (have you seen the news lately?)
Sad as it is to say a judge will have you turn over the newf unless you can prove otherwise.
Start vetting and documenting everything. When they come, when you call them to retrieve the dogs, how long it takes etc. In other words, build your case. Simply going to court and saying the dogs come to my house so I want to keep them won't fly. Go fully armed is what I would do. Good luck!! I'm definitely in your corner.
 
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Windancer

New member
Can you get that newf out of the heat ? He WILL die....My guess is his coat is a matted mess...which makes it worse. years back I knew some people that had a male newf that had tremendous coat.....I even tried to buy him from them... Shortly thereafter they found him dead... They just couldn't understand it..he had "Water and Shade" grrrr
 
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KodysGrandma

New member
I'm with Debra, document, document. Go back and document as many of the previous as you legitimately can. Write it all down in a spiral notebook so you can verify it happened in that specific order (can't insert pages into a spiral). Dates, incidents, contacts, condition of the dogs, $$$ spent etc. If you have a fence you might try keeping the Newf inside, letting him out into your yard only and seeing if they come and ask.
 

Thehallk

New member
I found a kitten in my apartment building in the hall once and no one in the building claimed him (it was an Edmonton Winter so about -20 C) - I think he must have just snuck in the door when someone else came in. I wasn't in a position to keep a cat so I (with tears) took him to the SPCA. They did ask me if no one claimed him in 20 days or so if I would like them to call me and I could have them. Maybe if you contact animal control officers about neglect/health concerns they may be able to evacuate the dogs and then call you at the appropriate time, if you make them aware that you want the dogs.
 
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4ondafloor

New member
NC for animal control shelters is first come first served. If the newf is turned over to animal control or the SPCA they will not hold for release. This is not an option I would recommend unless you're a gambler. Not to mention, if the newf happens to be adopted by someone else unfamiliar with the breed you run a higher risk of him being thrust into the rescue system.
You really have limited options here.
 

KCoppenrath

New member
You pretty much have 2 choices.

1) Just ask them to surrender the dogs to you. Please be sure to get them to sign a transfer of ownership so they can't change their mind later. Email me if you need an example.

or

2) Start calling Animal Control. I know it sucks that they would have to go to the pound for a couple weeks, but getting clear ownership is important where these folks are neighbors. Get them fined a few times and they might just stop claiming them. Let the ACO you would like to adopt them and keep checking back to see if they have been claimed. In New England Stray-Holds are 10-14 days, I don't know about NC.

Kimberly Coppenrath
NCNE Rescue Co-chair
888-831-4873
rescue@newfclubne.org
 

new_2_newf

New member
I would call your SPCA and ask them what options you have. They may have rules to get around the rules if they have a sincerely interested adoptive family. They also might be able to call you and say, "hey, on Tuesday morning at 9 am those dogs you are interested in are going to be available for adoption, and sometimes we open the door at 8:55 if there are people waiting outside...". Ya know. I'd certainly call and ask. i know our local SPCA will, on occasion, allow the current possessor of the dog to 'foster' the dog until the time is up and then, wow those adoptions happen REALLY fast. It's almost like the had the paper work all filled out and ready to go or something...crazy efficient those people are.
 
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