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Old 10-17-2008, 11:14 AM
 
Location: West Hempstead, NY
65 posts, read 193,374 times
Reputation: 49

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I live in West Hemptead, NY (Long Island) and have to walk my dog on the street. He usually goes to the bathroom on the grassy area between the sidewalk and the Street. Of course I pick up the poop but obviously there is nothing you can do about the pee but today I had a neighbor tell me she doesn't want my dog going to the bathroom there (I NEVER allow him onto anyone's actual property, just the street and that strip of grass) because it makes the grass yellow. My question is, who actually owns that strip of grass between the street and sidewalk? I have searched and searched but cannot find an absolute answer. Any help is appreciated. Thanks.
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Old 10-17-2008, 11:28 AM
 
116 posts, read 389,716 times
Reputation: 60
Town of Hempstead owns that. For example, I used to work for a company that drilled into the sidewalk/street area and was required to get a sidewalk permit from the town and not the owner of the house.
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Old 10-17-2008, 11:32 AM
 
Location: Florida (SW)
34,191 posts, read 11,412,035 times
Reputation: 44394
God Bless you and your little dog. I would just politely tell "Miss Gulch" that she doesnt own the piece of property and that you would appreciate it if she would stop harassing you.
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Old 10-17-2008, 11:32 AM
 
6 posts, read 20,567 times
Reputation: 10
yes, the town owns it, it is within the 25 foot right of way from the centerline. Typically most roads have a 50 foot right of way.
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Old 10-17-2008, 11:37 AM
 
2,936 posts, read 5,689,500 times
Reputation: 745
A right of way does not constitute ownership. Even when there is no sidewalk, the town has a right of way of the first several feet into the property. It is still owned by the homeowner and the homeowner is resposible for maintaining it. Unless you want to start a war with your neighbor, I would suggest that you let your dog go elsewhere.
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Old 10-17-2008, 12:08 PM
 
Location: West Hempstead, NY
65 posts, read 193,374 times
Reputation: 49
Quote:
Originally Posted by TomMoser View Post
A right of way does not constitute ownership. Even when there is no sidewalk, the town has a right of way of the first several feet into the property. It is still owned by the homeowner and the homeowner is resposible for maintaining it. Unless you want to start a war with your neighbor, I would suggest that you let your dog go elsewhere.
Why should I? If I give in to her and walk him around her house to avoid that sidewalk who is to say the person in the next house is not going to start complaining and then the next, etc until sooner or later there is nowhere to walk the dog. Am I wrong here? What's right is right? I am very responsible and never allow him into anyone yard. Who id she to say I can't walk my dog on a sidewalk and that he can't pee on that strip of grass? It's silly and would be a mistake on my part I think to give in and allow her to pull something like that. Am I wrong?
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Old 10-17-2008, 12:15 PM
 
220 posts, read 692,540 times
Reputation: 73
The Town owns it, but it is her legal responsibility to maintain. I think she has every right to ask you not to have your dog ruin her grass - it is her grass to maintain, after all. I'd feel just how she does. Why should someone else's dog ruin grass I'm working to maintain? (I don't let my child pick flowers or play in grass or dirt that runs between the sidewalk and the road, other than in front of my own home.)
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Old 10-17-2008, 12:18 PM
 
116 posts, read 389,716 times
Reputation: 60
You are absolutely right, don't let your neighbor bully you. All the dog owners will end up with no place to go.
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Old 10-17-2008, 12:33 PM
 
Location: Island of long
3,582 posts, read 6,054,157 times
Reputation: 1128
Why not make your dog urinate on your part of the grassy median? That way you both win.
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Old 10-17-2008, 12:41 PM
 
Location: Florida (SW)
34,191 posts, read 11,412,035 times
Reputation: 44394
When you take your dog out for a walk you are not in charge of where they feel the call.....you can make sure they are not on someones lawn..and of course you carry a doggie bag..that is only right...but on a strip of grass along the street....IMHO, she is out of line. My little westie stops and squats almost every 10 feet, no matter how long she walks.....I don't even t hink she can squeeze out any more drops....but she tries.....it is her nature. People need to get over themselves and their desire to control the world.


I do have a pet peeve about other peoples cats coming into my yard to do their business.....but I know their is nothing I can do about it ...but if the lady wants to control and maintain that strip....she can get some neutralizing product and "maintain" it.
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