Results 1 to 10 of 13

Hybrid View

  1. #1
    Join Date
    Mar 2011
    Posts
    2

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

    thx to all for your input, pardon my lack of legal understanding...this ROW runs between mine and my neighbor's houses, basically part of both our side/back yards. It is used to connect a dead end street behind us both to the main road we both live on. Our backyard is fenced but as was explained when we purchased a year ago, we own 4 ft+ of land outside of the fence, but for obvious reasons cannot enclose. I will also add the neighbors do use the front half of this space (we have no fence there) as additional driveway space. Their dog is let loose to do his business and comes over to the area well within our 4ft+ (trained that way??) to leave his large 'gifts'. We maintain that property, as it is ours, even though public. Grandpa says to call the Health Inspector?

    I would agree except I like the dog way more than anyone who lives in the house

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

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

    If the poo is being left outside of the easement, call the health department or even the police. If this is on the easement where you are the servient tenant (actually own the underlying property), same thing; health department or police.

    I would also send a letter demanding he cease and desist that acts and demanding he clean up the poo.

    If he fails to comply and the health department or police cannot take any action against him, either sue him seeking an injunction ordering him to clean up the area or clean it up, or even hire somebody to do it, and sue the neighbor for the costs.

    Ya lost me on this:

    We maintain that property, as it is ours, even though public.
    Is it yours or is it public land? If public land, you are limited to calling the health department or police. I'm not seeing why you would consider it public though. Even an easement remains private property, even if it is for the use by the public. In your situation, it sounds like you and the neighbor are the only tenants (users) of the easement and if so, it is definitely not public.

  3. #3
    Join Date
    Nov 2010
    Posts
    21

    Default Re: Dog Defecation on My Side of a Shared Right of Way

    Actually there may well be a local ordnance requiring that the pet owner pick up and dispose of the poop from the dog each time. I would check that and if it is there have it enforced.

  4. #4
    Join Date
    Mar 2011
    Posts
    15

    Default Re: Dog Defecation on My Side of a Shared Right of Way

    There may something that can be sprayed in the area that would discourage the dog from wanting to go in that spot.

    1. Sponsored Links
       

Similar Threads

  1. Does Shared Well Hooked to My Electric Have to Be Shared when I Am Not There
    By Ceceanderson in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 08-05-2011, 10:43 AM
  2. Maintenance and Repair: Neighbor Won't Sign a Maintenance Agreement for a Shared Driveway
    By CallMeTres in forum Real Estate Ownership and Title
    Replies: 6
    Last Post: 06-20-2010, 07:58 PM
  3. Easement Use and Enforcement: Just Bought House with Shared Driveway, Neighbor Believes It is Not Shared
    By laurentron in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 10-01-2009, 11:42 AM
  4. How Far Does Right of Way on Side of Extend
    By bridges in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 03-20-2009, 08:02 PM
  5. Getting Fired: Fired over defecation?
    By Markgraf in forum Employment and Labor
    Replies: 1
    Last Post: 10-19-2004, 01:20 PM
 
 
Sponsored Links

Legal Help, Information and Resources