ppaphrog said:
What is the name of your state? What is the name of your state? PA. My neighbor owns a pit bull. She has a fence around her yard, but every day when I get home she is sitting in the parking lot tanning, with the gate open and the dog lying in MY yard. I have a 9-year-old son. He and his friends play in our yard daily. My concern is that the dog will eventually become territorial about this particular area of my yard, and she may become protective. I have not witessed her biting anyone, but she does bark A LOT!! I don't want to cause a l whole lot of tension, but I want the dog out of my yard. In the event that someone does get bitten, am I responsible (I rent)? and for what? Even when the dog is IN her yard, the fence does not run the whole way to the house.
My response:
You said, "I have not witnessed her biting anyone, but she does bark A LOT!!"
At this point in your post, are you talking about the dog, or the owner?
You have very little, to no liability if the dog becomes vicious - - no matter where the dog is. The fact remains, the dog belongs to the woman, and you have no ownership or control of the dog. The woman owner is the one who's taking a huge chance by letting her dog roam freely. However, at the same time, if you allow this to continue, you could be held liable to a small degree because you could have abated the potential for a problem. As an example, let's say the dog is on your property when the Mail person comes onto your property. You may get tagged because there was a vicious dog on your property that should not have been there. But, the vast majority of the liability is going to fall onto the owner.
As a renter, you have the right to tell her to remove her dog, and to keep her dog off of your property. Remember, while you're renting, that property - - under the law - - is YOUR property.
IAAL