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Neighbor Walks Dogs Along Right of Way I Own

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  • 07-13-2011, 12:59 PM
    davis751
    Neighbor Walks Dogs Along Right of Way I Own
    My question involves an easement in the state of: MD

    I granted my neighbor use of my road several years ago. A simple ingress egress right of way easement with no other stipulations. However, things have gone sour. Now they walk the dog on the right of way road that I own and are complaining that my dogs are bothering them and making them scared and i got a warning email yesterday saying i better keep my dog in my yard before a dog or person gets hurt.

    My question is what right does he have to walk his dog right along my property line baiting my dog. The only thing my dog would do is lick someone to death. If the ROW makes no mention of use other than access to property from main road can i tell him that he is on my property? and don't walk your dog on my road. i have an electric fence 10 feet from the road.
  • 07-13-2011, 02:48 PM
    jk
    Re: Neighbor Walks Dogs Along Right of Way I Own
    If he is using only the easement as his dog walk path, you can argue that it is not being used as ingress/egress as agreed. If he uses it as agreed, he has every right to walk, with the dog, on the easement. If your dogs attach them while in that easement, you are liable as he has a legal right to be where he is without challenge.

    just realize that if he is using the easement as a walk path and you object, all he has to do is check the mail or some other justification for walking down the easement.
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