Don't fall for the "easement" rationale. An easement does not change ownership of the property dedicated to an easement (unless it specifically does in the language of the easement). That land still belongs to the owner in all respects (again, unless modified by the terms of the easement) including upkeep, rights to defend, etc. The easement is just an agreement or term of a property covenant that gives rights to certain parties to access and use the land for certain specified reasons. That typically does not reduce your ownership rights or responsibilities (again, unless specified).AJSully421 wrote:Easy there... I had to recently make two members of my local police department keenly aware of the difference between city/public property and my property with an easement.OldCurlyWolf wrote:First and most important legal point.EdnaBambrick wrote:Here's the situation.
I live in a Texas subdivision that has community mailboxes. The mailbox for my house is down a few houses from mine. On several occasions, the resident of that house allows their large (pitbull like) dog to run freely in the front yard or from the curb to the home. On 2 occasions the dog has charged me while I was going to pick up the mail. The owner calls the dog and so far nothing has happened but I am not sure how long my luck or the dog's training will hold out.
As a CHL holder and a result of the continued instances of the dog being loose I've decided it's now necessary to carry when I go to collect my mail. Furthermore, I've stopped my wife and child from collecting the mail.
But if and when it becomes necessary to pull and shoot to stop this dog at what point am I justified ?
When the dog charges ? Within a certain distance ? Must I get bitten first ? What if all of this occurs within the property lines of the residents yard* ?
*The person with the dog is not the owner of the house, but either a sporadic renter or friends of the residents. I confirmed this through license plate searches and tax records.
Thanks for any advice you can give.
If the subdivision dedicated the street rights-of-way to the approving political subdivision, then in all likelyhood, the first 8 to 12 feet from the back of the curb are PUBLIC property and so is the community mail box. If the dog comes at you then, His own yard is not an element of what happens.
Check your subdivision plat and the approving authority for more definite information.
I can 100% guarantee you that the first 8-12 feet of someone's yard in a subdivision IS NOT declared to be "public property". It will most certainly belong to the property owners. What there is out there is an easement so that utilities can be run, accessed and maintained... Sometimes there is even a sidewalk. While it is true that you cannot CT the cable guy from the box out front, nor prevent kids from riding bikes on the sidewalk... The doctrine of an easement is to give access to another person or party to what is wholly and entirely YOUR property. Just because any member of the public can walk down the sidewalk easement in front of my house does not make it public property, and does not heighten or lessen my justification to shoot anyone or anything that is attacking me.
The minute that dog causes you to have a reasonable belief that immediate action is necessary to avoid serious bodily injury or death, Section 9 authorizes you to defend yourself...as long as you meet the deadly force authorization requirements in Sections 9.xx and are not NOT JUSTIFIED in using deadly force. And as always the justification of the term "reasonable" in the reasonable belief clause is always the key. Your circumstances may not rise to the use of deadly force.
tex