Neighbor’s Dog Using My Yard as Rest Room
Posted on : 06-16-2009 | By : Legal Information | In : Other Legal Topics
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I live within the city limits of Everett,Wa 98203 and have a neighbor who repeatedly allows her dog on the extended leashto use my front yard as a rest room which is begining to take its toll on my yard after finally demanding that she stop she posted a print of of a D.S.H.S page stating that she is responsibale for removing it( the fecal matter) but its the repeated urine that is the issue, How do I make her stop?
it is not your neighbor (preassumably a grown english speaking adult that was potty trained to use a camode when the time arises to relieve him/herself) urinating on your lawn. it’s a dog and like humans they are creatures of habit. aside from not walking their dog past your lawn, i suppose they could always ask the dog to hold it until they get to the park. hmmm
try placing a gallon jug of water out on your lawn. i don’t think it really detours the animals from usong your lawn as a tolite, but you could ask your neighbor to dilute it with some of the water before they continue on to the next rest area. it’s a simple minimal fuss solution.
first and foremost, your approach to the situation, will ultimately be the deciding factor to the outcome
I must disagree with the above poster. Sure, the dog doesn’t know any better than to use your lawn as a bathroom, after all, dogs don’t have any concept of property rights. However, the dog’s owner is responsible for the dog, and through very reasonable training or by simply not stopping by your house, could prevent this from happening.
Your neighbor, by knowingly allowing her dog to go to the bathroom on your property, is committing treaspass to land, which can create civil liability.
Now, I’m not saying you have to sue your neighbor over this matter, or even that you should, but you do have a pretty clear-cut case for trespass. Of course, remember that legal issues don’t exist in a vacuum. While you may technically have a cause of action for trespass to land, a lawsuit would be expensive, time-consuming, and likely to destroy any amicable relationship you might have with your neighbor (if you have one at all).
The better course of action might be to politely tell your neighbor that you know your rights, and that she’s violating them.
Rusty is half-right. Trespassing is also a crime. If the dog’s bathroom breaks occur frequently enough, keep a digital camera handy and try to capture the incidents on film (or, nowadays, memory cards).
In Washington, see: RCW 9A.52.080, Criminal trespass in the second degree.
(1) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.
(2) Criminal trespass in the second degree is a misdemeanor.
[A pet, on a leash or otherwise, is for all intents and purposes an extension of the person responsible for that pet.]