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  1. #1
    Join Date
    Jan 2006
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    Default Re: What Are My Rights Regarding Dog Defication on My Side of a Shared Right of Way

    Quote Quoting Stephen Calder
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    JK, you are almost certainly technically correct in that. But, I'll bet you $1 that there isn't court in the land that would uphold it.

    But to seriously try to lend assistance to Peanut111, I will say....

    First a few questions and assumptions: 1) Is the neighbor walking the dog or does the dog roam free? I will guess they walk the dog as you said "the neighbor" uses your property.
    2) Is this a road right of way that both of you have houses on or is it an access easement that runs through yours or theirs property? I will guess it is an access easement as you said that you "share a right of way".

    If I'm wrong in my assumptions, please correct me. I would say that the access easement can not be used just as a dog walk. A driveway access easement can not be used for anything other than that; as a means of getting from house to main road. Thus, if they just walk Fido along your part of the easement and back then they are violating the law. But if they are definitely walking to the main road and then walking along the main road (i.e. using the easement as it was intended) but the dog still leaves cookies on your property while on the way to or from the main road, then I'm not sure that you can do anything about that.

    That being said, I would be surprised if this is not addressed in local ordinances somewhere apart from property boundary law. A call to local planning and zoning might give you the information you need.

    Stephen
    I believe until the OP clarifies exactly whose property this is, there is no real answer that means much.

    If the property being pooped on is part of the easement and the neighbor is the servient tenant, then there isn't really much the OP can do about it unless there is a law against allowing your dog to poop on your property.

    If the OP is the servient tenant, then the OP should simply contact the police and make a report. If there is no law applicable to the situation, then OP needs to send a cease and desist demand to the pooper as well as a demand for him to clean it up. If the neighbor refuses, then OP can either have it cleaned up and demand payment for the services from the neighbor and sue if rebuffed or go to court and seek an injunction ordering the neighbor to clean up the poop and refrain from allowing his dog to poop on the neighbors property.

    Self help often gets one into trouble and the one needing help in the beginning often ends up being the one penalized in the end.

  2. #2

    Default Re: What Are My Rights Regarding Dog Defication on My Side of a Shared Right of Way

    Self help often gets one into trouble and the one needing help in the beginning often ends up being the one penalized in the end.
    This is SO going in my fav quotes file!

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