Legal Question in Civil Litigation in Idaho

Dog walking and side walk rights
I live in Bannock countey, by a park. I like to walk my dog, and the shortest path to the park goes by a guy's house. Before his property the sidewalk abruptly ends and there is a dirt path that replaces it. About 5 feet away there is a short fence, which is where this guy lives. Off of the sidewalk/path is a moderately busy street.

Today the guy yelled at me in an insanely mean way. He has a dog on his side of the fence who barks when I walk by. He called me all sorts of names. He is old and bitter - this did not bother me and in fact amused me. This encouraged me, and on the walk home I walked by again. Like I said, this is the most convenient way to my house.

The guy then gets into my face and takes my picture and claims he will charge me with trespassing and 'terrorizing his dog'. This would not normally worry me, but I am on probation. He claims the dirt path is his property although there is no sign and the path is obviously well traveled.

How do I know if I can really walk there with a well behaved dog on a leash? Also, can I really be charged with trespassing for this? My girlfriend was with me and can verify everything.

Thanks in advance.

Asked on 3/07/06, 10:17 pm

David Anderson Anderson Business Law LLC

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Re: Dog walking and side walk rights

I wouldn't worry about it too much.

You might want to report him for assault with a noisy dog.

If indeed you are walking on his property, there may be an easement created by the path due to use by others over time.

He could post a sign and erect a fence, but he'll probably not take the trouble.

Answered on 3/07/06, 10:38 pm

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