apartments across the road

[toreaxe]

What is the name of your state (only U.S. law)? new Mexico
i live across from a apartment building. i have walked my dog near there for years, i even pick up his scat, witch my state dose not require. they got a new manger who threatened to call the cops and have me truss passed. can she truss pass me from a public sidewalk. i don't walk in there grass just the sidewalk by it. should i worry if she calls the cops.

[FarmerJ]

unless the sidewalk is a privately owned and is posted as private property let her call the police, I doubt they will even respond in a timely manner to any complaint about someone using a public sidewalk.

[ShyCat]

i don't walk in there grass just the sidewalk by it

But does your dog stay on the sidewalk at all times? Their grass is definitely private and you don't have permission to use it. And, for future reference, the word is "trespass", not truss pass.

[cyjeff]

Originally Posted by ShyCat

But does your dog stay on the sidewalk at all times? Their grass is definitely private and you don't have permission to use it. And, for future reference, the word is "trespass", not truss pass.

Actually, that is incorrect.

In most cities, the state or local government have a public easement on the first 3 meters or so of land from either side of the road.

This is so they can put in sidewalks, do sewer work, trim trees away from power lines, etc. without getting the land owner's approval.

A public easement would allow her to walk there... and to even bring her dog.

[izzie01]

The easement is for city/sewer/etc access, not public access. It is otherwise private property except for the sidewalk along the public road. I can't imagine it o.k. for dog owners to intrude into the city easement areas (not public) so dogs can relieve themselves and the city being ok to leave dog excrement in private property. I live on a busy street with a sidewalk and have on rare occasion had to tell people to pick up after their dogs, and no you can't allow your dog to come in 15' off the sidewalk to pee on my trees.

I actually think I had one very expensive ornamental tree almost killed off by dogs peeing, until I put a small fence around it to keep dogs away from it and it started to come back. It was the closest one to the sidewalk and was an easy target.

[cyjeff]

Originally Posted by izzie01

The easement is for city/sewer/etc access, not public access.

It is otherwise private property except for the sidewalk along the public road. I can't imagine it o.k. for dog owners to intrude into the city easement areas (not public) so dogs can relieve themselves and the city being ok to leave dog excrement in private property.

Unless there is a statute that prohibits what types of animals are allowed on the sidewalk, you are incorrect.

I live on a busy street with a sidewalk and have on rare occasion had to tell people to pick up after their dogs, and no you can't allow your dog to come in 15' off the sidewalk to pee on my trees.

Didn't say they could. They can come 10 feet or so from the road.

I actually think I had one very expensive ornamental tree almost killed off by dogs peeing, until I put a small fence around it to keep dogs away from it and it started to come back. It was the closest one to the sidewalk and was an easy target.

Oh... so you KNOW that dogs killed it?

Besides, you have yet to post anything that proves me incorrect.

I agree that people should clean up after their pets... but as for pee, since most dogs have a bladder the size of a dixie cup, it just won't do that much damage.

[Yertle8]

My dog's urine is really bad for grass, it dies very quickly. Never seen anything like it before.

But regardless, cyjeff is correct, you can typically walk your dog through your neighbor's grass near the sidewalk. People who think they can keep you off the edge of the property are incorrect. A few people have told my wife to keep the dog off their lawn, which I can understand with what it does to grass, and we respect that and comply with the request, but we don't have to.

[drewguy]

I don't think one can state any categorical rule about where private property ends and public begins with respect to a sidewalk. It varies from town to town and state to state. Generally speaking the sidewalk is public, but not always, and any strip of grass between it and the street is probably public as well.

But on the building side of the sidewalk it can vary greatly. In DC, there often is a wide "public parking" area that is also nominally open to public use.

[izzie01]

Just FYI. There is no strip of grass between the road and the sidewalk. The sidewalk is about 9' wide so that pretty much takes up the public right of way. No, I don't know for sure the dogs pee was killing my tree. It was doing poorly for about 3 years until I put a cheap 3' high wire "fence" around it out to the width of the branches of tree to see if keeping dogs from getting too close to pee on it would help. Sure enough, by the end of that summer the tree was coming back. I have seen a tree die from dog pee so you can't tell me it just ain't so.

[Adalaide78]

It's simple. Unless you plan on moving in the near future you're going to have to deal with this neighbor for a long time. What's the point in irritating them? Just stay off the grass.