Legal Question in Real Estate Law in Virginia
Liability Concerning Fencing on Property
I have a problem with neighbors letting their dogs urinate in my yard when they take them for a walk. We have a well landscaped yard and work hard to keep it looking nice, including mowing, edging, trimming, etc. We live on the corner of a cul-de-sac. Since the front of our house faces the corner, we don't generally see when the dog-walking neighbors are on the sides of my house (and they know that). We have no problem on the cul-de-sac side, but we do on the street side. We have shrubbery and flowers in a garden effect at the property line on that side. I also have low (around 12'') green wire garden fencing around that garden. From that garden to about half way up that side of the yard, I also put that same green fencing IN my yard along side of the sidewalk to prevent dogs from coming in my yard. I use the GREEN fencing in both places so it doesn't look like a fence is there. Because the fence is green and blends with the grass, it is easy to trip over it IF you are coming in the yard. At night the lights illuminating the garden make it somewhat visible. If someone walking their dog or just walking...trips (day or night) on my fence along the sidewalk and gets hurt, am I liable or are they trespassing? Thanks
1 Answer from Attorneys
Re: Liability Concerning Fencing on Property
No, I would say that neighbors walking their dogs near your property line and who inadvertently step onto your property would not be regarded as trespassers. As to your possible liability for any injuries incurred by the semi-visible fencing which you've described, that could be more problematical and, if I were you, I would make sure that my homeowner's insurance policy was always paid up and in force.
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