[Chellybean]

Originally Posted by Martian

Well, the reason I believe I can walk my dog on your property is as follows:

1.There is an easement on your property along the road, look at your site plan. It is a public easement. It is not clearly indicated what that easement is to be used for (we will get to that)

2. You also agreed to covenants when you moved in. Those covenants clearly state that dogs are allowed in the villages. It also clearly states if when walking those pets they defecate on someones property the pet owner responsible to clean it up.

This is another example of poor wording which is going to make your case even harder to win in court, since if I am walking someone else's dog, I am NOT responsible to clean up after it, the owner is responsible. So, you will have to take that up with the owner. This is a good reason for me to walk my wife's dog and she should walk my dog. Are we getting silly enough yet?

This covenant says that I can walk my dogs in the neighborhood, and it is EXPECTED that the dogs will poop on peoples property. The reason it says I can walk my dogs on your property is that it doesn't state I can't, and does state the expectation that I will. This is known as implicit permission, by defining action to be taken in the case of something being that is permitted.

The covenant is not shy at saying things are NOT allowed, there are numerous examples of that. It does NOT say at any point that dogs can not be walked in the neighborhood. It states that when pets defecate on neighbors property what actions are to be taken.

This is the same thing as saying music must be "turned down" after (I think) 10 PM and until dawn. That gives implicit permission to play music loudly the rest of the time.

The covenants are very poorly worded. But, they do supersede local county laws (in most civil issues), since you agreed to them when you moved in.

3. I don't know about Sumter County laws and how they are written, but in most of the country, you will have difficult time charging someone with trespass without a "Private Property" sign clearly posted. I guess I don't have to mention that you are not allowed to post a private property sign in TV.

And finally I don't appreciate the insult of "drinking the cool aide" just because I disagree with your interpretation of how laws will be enforced. It is not conducive to a civil conversation or solving what is obviously a continuing issue among neighbors.

I could as just as well say you should stop eating the sour grapes.

OMG you better research 810.09. you do not have any rights in easements either. Good luck you will need it!