Legal Question in Civil Litigation in Massachusetts
dog in common driveway
we own property that has a deeded common driveway with our next door neighbor. The neighbors allow their dog to access the common driveway because the common easment goes through their front yard. The dog has barked at us when passing as well as chased our car. We don't like dogs and would like to sue them to keep dog off of common easement. Most of the common easement is on thier land we pass over it to get to our driveway.Do we have grounds for a law suit
1 Answer from Attorneys
Re: dog in common driveway
Your first step should be to contact the animal control officer for your town. I suspect that this would be considered a leash law violation, as it affects you on your property. And before anyone says it isn't your property, the easement is a property right, even if the underlying land is owned by someone else. You have a right to safely use the easement.
You could file an action in the Superior Court seeking injunctive relief. It would succeed, for the same reasons I just stated, but would be costly.
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