Legal Question in Civil Litigation in Massachusetts

Disgusting Habit

We have neighbors that have the rude & disgusting habit of walking their dog, a boxer, on leash & allowing it to urinate & defecate on our and other resident's property. They never pick the feces up. When I asked why they let their dog do this on others' property, the individual gave an exaggerated shrug and said ''Why not?'' I have substantial money invested in landscaping and isn't it considered a potential health hazard because dogs can carry parasites? Are there any MA laws that govern something like this? We live in a small town, not a city -so I do not think we have a scooper law. Thank You


Asked on 6/26/09, 6:30 pm

2 Answers from Attorneys

George Davis Law Office of T. George Davis, Jr.

Re: Disgusting Habit

Before bringing suit, I would suggest that you go to the local police department and ask them to issue a "no trespass" order against your neighbor. The police will have you fill out a brief form, and they will then hand-deliver the "no trespass" notification to your neighbors, stating that they cannot set foot on your property, and that criminal charges against them can result it they do. "No trespass" orders usually do the trick in situations such as this, and it's a whole lot cheaper and more practical than filing a lawsuit.

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Answered on 6/27/09, 2:16 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Disgusting Habit

Quite simply, they are trespassing on your property. Bring suit seeking injunction relief and damages.

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Answered on 6/26/09, 8:10 pm


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