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  1. #1
    Join Date
    Sep 2009
    Posts
    2

    Default Problem Neighbor

    Any advice would be appreciated --> I live in Ohio...My neighbor to the north and I share a lane which is located on the edge of a piece of property owned by a garden center to our south. We do have an easement written into the deeds, so we are the "dominant" property. My neighbor and I are going to repave the drive, and I plan on maintaining it (clearing snow, etc). A neighbor to the west of the garden center has gotten used to crossing our lane to let her dogs "use" the grass strip next to the lane. Could I be held liable if the neighbor slips on ice if I clear the snow? The lane is tree lined in parts and I also fear that her dog could get hit by the mailman or a visitors car...could I be held liable in some way? In addition to her dog leaving little "presents" she also throws her cigarette butts on the ground and leaves them (littering). Do I have a right to ask/tell her that crossing the easement is considered trespassing even though I do not own the property? Should I do it in writing? I don't want to be a jerk of a neighbor, but she and her dog should stay on her property...especially if they don't pick up after themselves....right?

  2. #2
    Join Date
    Dec 2008
    Posts
    629

    Default Re: Problem Neighbor

    while it is "your" driveway it's still not "your" property, you are allowed by the easment to use it as your driveway. So if she is not using or crossing your property I don't know if there is much you can do about it. The Garden Center is the one that should be after her for tresspassing/littering etc. etc.

    If your town has ordanances about cleaning up after your dog then you might be able to persue something down that path. As far as "littering" I think the police have to see it happen and doubt they would setup a stakeout to catch someone throwing cigerettes on the ground. You could always clean up her butts and after her dog and dump them back in her yard after dark, but then you are the one littering and she might turn the tables on you.

    I had the same question about snow/ice since I clear my ROW which two others use. I was worried about the same liabilities since I am the only one who does any clearing. When I asked on here about that, the response that was given indicated that Ice/Snow slipping/falls are very hard to sue for as it is obvious to anyone that ice/snow are slippery. As long as you make an effort to clear the snow I don't think you would be liable. But I'm not a lawyer so can't say for certain.

  3. #3
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Problem Neighbor

    I suggest you read and clearly understand your easement "before" repaving. The easement may only indicate the right to ingress and egress, but does not give you the right to build a road...ie repave. The owner of the property may object to the construction because it is outside the "intent" of the easement.

    The dominant estate is generally responsible for maint. of an easement, and therefore any action that may cause injury "could" be a cause of action. The dominant estate also controls who can use the easement; including pedestrians. So in theory, you could tell the neighbor not to enter the easement area.

  4. #4
    Join Date
    Sep 2009
    Posts
    2

    Default Re: Problem Neighbor

    Thank you both for the insight. I was planning on contacting the Garden Center (servient)before the work begins even though there is an existing asphalt lane for ingress and egress. The lane is in disrepair, so the north neighbor and I (dominant estates) are splitting the cost to repave the existing lane as we are landlocked without this access. One other annoyance with the westerly neighbor and her dog is that it is not on a leash, so she will stand in the middle of the lane (blocking our car) until her dog is done with its business...thus impeding our ingress or egress. That is another reason I was wondering who has the "right" to say who can cross the easement and who can't. I don't want to start a war, but I want to keep her and her dog safe (and my liability at a minimum). Thank you!

  5. #5
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Problem Neighbor

    Local ordinances in Ohio would cover leash laws. If you check with code enforcement, you may want to send a nice letter to neighbor reminding them of the leash law and the easement.

  6. #6
    Join Date
    May 2009
    Posts
    9

    Default Re: Problem Neighbor

    Quote Quoting Jeep98
    View Post
    so she will stand in the middle of the lane (blocking our car) until her dog is done with its business...thus impeding our ingress or egress.
    How long can a dog take to do its business ? that's impeding your ingress/egress ? what's next, some old lady crossing the street impeding you ?

  7. #7
    Join Date
    Dec 2008
    Posts
    629

    Default Re: Problem Neighbor

    Quote Quoting bellwilliam
    View Post
    How long can a dog take to do its business ? that's impeding your ingress/egress ? what's next, some old lady crossing the street impeding you ?
    Time is all relative! If she just walked out with her dog at the exact moment they pulled into the driveway and she wont' move out of their way till her dog is done then it can seem like forever if you are sitting in your car just feet from your home and can't get there till this other person decides to move.
    I have to drive through a toll booth on the way to work every morning. I go in at 4am so there is only one booth open at that time. maybe 2 times a week I get stuck behind a US mail truck that likes to chat with the toll booth attendant. Believe me when you sit for 30seconds time after time while this person chats it seems like forever especially since most cars take 5sec or less to go through.

    I think the problem here is more "in principle" than actually delaying them for hours.

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