What can I do to get my neighbors from chaining up their dogs in our SHARED DRIVEWAY?

Asked about 3 years ago - 07753

This is a SHARED driveway, split down the middle. My half is on my survey, so it is my property. These people have put up a line from their house rear to their detached garage and have attached extention leads [one for each dog]. In other words, the dogs leads extend for several YARDS, so they are smack dab in the middle of the driveway where they lay and block... are on my side and come all the way into my back yard in front of my garage and by my back gate. (They poop in the driveway as well, which is not picked up.) The male dog pees on my wooden stockade fence several times a day!
These are very difficult, ignorant people with an unbelievable sense of entitlement, so asking them for 2 1/2 years to shorten the leads is ignored with constant name calling and harassment from them.

Attorney answers (2)

  1. Laura Mcfarland-Taylor

    Contributor Level 20

    Answered . Without knowing how the driveway came to be shared, it's difficult to give you any advice. Have you called animal control about the dogs being in your yard? You should speak to a local attorney for guidance, but just know that neighbor disputes can get very ugly. Your best bet may be to stop sharing the driveway.

    The New Jersey Bar Association can give you a referral to a local attorney: www.njsba.com/

    If we do not have a signed fee agreement I am not your attorney and this is not legal advice.
  2. Richard Anthony Nyznyk

    Pro

    Contributor Level 10

    Answered . Is there a shared easement over the driveway? If not, you may be able to apply for a dividing pony wall or some other means of dividing the driveway so they're dogs can't get into your fenced off area. Obviously this would limit auto access, so depending on the configuration of your yard/driveway, this may be practically unlikely even tho it might be legal.

    If the document of ownership (deed) includes rights of sharing the driveway, they may be limited to a specific purpose, like pulling autos into the garage or parking cars...if so, you could fight them on THOSE grounds, too...and there MAY be grounds for a trespass action.

    Given they refuse to be reasonable and won't move the line to where their dogs WON'T use your yard and driveway as their toilet, I agree with the previous commenter who indicated that you need to consult local counsel about your local rules...

    Good luck.

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