Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

We have 4 dogs contained in a fenced yard. A surveyor walked…

Customer Question
We have 4 dogs contained...
We have 4 dogs contained in a fenced yard. A surveyor walked into our yard today unannounced and our pit bull (yes, pit bull), who is just barely a year, lunged at him. He does it to everyone he meets - even us. It is really a display of affection of his and a habit we are trying to break him of. There was no snarling or growling and his tail was wagging. I saw the whole thing happen as I was standing right there. It did break the skin on the mans face - not a bite - but more like if you were hit with a baseball in the face and then his arm was scratched when our dog came down. About 4 hours later he called and he said his wife saw his face and arm and 'freaked' and said he had to go to the ER immediately and then asked about our insurance. Our dog has never bitten anyway, nor was this a sign of agression but the guy was shaken obviously. His vaccinations are up to date. Are we liable for anything?
Submitted: 8 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 3 hours by:
6/17/2010
Real Estate Lawyer: N Cal Attorney, Lawyer replied 8 years ago
N Cal Attorney
Category: Real Estate Law
Satisfied Customers: 9,881
Experience: Since 1983
Verified
I do not believe the surveyor had any right to enter a fenced yard unannounced, and he should be treated as a trespasser for doing so. Dogs are allowed to bite trespassers, but in my opinion you should report this to your homeowner's insurance company immediately as a claim. After that I would let the insurance company deal with this.

I hope this information is helpful.
N Cal Attorney
Category: Real Estate Law
Satisfied Customers: 9,881
Experience: Since 1983
Verified
N Cal Attorney and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Real Estate Lawyer: N Cal Attorney, Lawyer replied 8 years ago
Thank you for accepting my answer.
Ask Your Own Real Estate Law Question
Customer reply replied 8 years ago
It turns out the guy decided to drop the charges. The sheriff came out to see our vaccination records and also the 'dangerous' pit bull. I called my agent and she said that if it had been any other dog inflicting the same 'scratches', they would have never even thought to pursue it but being it was a pit bull they saw dollar signs. The sheriff told us that even if someone comes in our yard, we are responsible to have control over them. I told him I didn't think a dog jumping on someone was considered 'vicious' especially when he was wagging his tail, no growling or snarling, etc. but he did scratch the guy's face. In the state of Colorado, if the guy would have sued and the sheriff said he would have won, and then our dog jumped on someone again and scratched him, they would take him and kill him. To me this is just ridiculous that there is no difference in a 'friendly' dog scratching a person that drew about 2 drops of blood and a dog that literally tears your arm half off. So we had to post signs all around our property that says 'Beware of Dog' and 'No Tresspassing'. The Beware of Dog sign wasn't sufficient. Now we feel like outcasts in the community.
Real Estate Lawyer: N Cal Attorney, Lawyer replied 8 years ago
You wrote: The sheriff told us that even if someone comes in our yard, we are responsible to have control over them

You know, the sheriff did not go to law school and is not a reliable source of advice. I think the sheriff is wrong that the trespasser could have won a "dog bite" case against you.

Trespassers have no right to invade your property and you may want to sue that surveyor for trespassing and invasion of privacy.

You can get a free consultation from some of the Colorado real estate lawyers listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Real-Estate-Law/Colorado
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9,881
9,881 Satisfied Customers
Experience: Since 1983

N Cal Attorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I have a neighbor that has a fence dividing our properties.
I have a neighbor that has a fence dividing our properties. The fence is in bad shape. They have 5 pit bulls who either jump the fence or burrow under to get into my property. I have two dogs. A lab a… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
If my neighbor installs a privacy fence 1' adjacent to mine
If my neighbor installs a privacy fence 1' adjacent to mine to run the extent of our properties, am I legally responsible if my dog (who is confined in my split rail fence) attacks the neighbor's fenc… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have question regarding HOA law. I experienced a German
I experienced a German Shepherd tried to attack me on walk way of my condominium but not yet bitten. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
We rented a house for a vacation. While we were there we
We rented a house for a vacation. While we were there we used the clothes dryer as we were allowed to. Some how the lint trap dislodged during use and was damaged. As a renter are we responsible for p… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers
My neighbors have dogs that I want to be made a nuisance.
My neighbors have dogs that I want to be made a nuisance. They bark all the time and are very aggressive. The Rotweiller tries to jump the fence to attack the mailman and our landscaper...and anyone t… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
Tenants have a pit , it's vicious they just let it to
Tenants have a pit bull, it's vicious they just let it to roam, it has been aggressive to my guest. They are suppose keep her tied while outside but they don't 80% of the things me they just open the … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers
My neighbor has two pit mixed rotwieler puppies and I'm
my neighbor has two pit bull mixed rotwieler puppies and I'm concerned, He has a lot of junk on our fence line and his previous dog would stand on the junk and come in my yard and then dig his way bac… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
A friend of mines dog was in back yard, 3 pit bulls that
A friend of mines dog was in back yard, 3 pit bulls that live next door violently attacked and pulled her Shitzu through the chain link fence. This is not the first attack like this. Animal control sa… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,337 satisfied customers
My daughter is leasing a 4 bedroom home that we lived in and
My daughter is leasing a 4 bedroom home that we lived in and leased for 13 years, we had no dogs... The home is 27 years old. The A/C unit worked fine and just ok for the past 8 years... my daughter m… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,232 satisfied customers
My husband and I bought our home 18 years ago. We lived happily
My husband and I bought our home 18 years ago. We lived happily here up until about 7 years ago when the neighbor built a house and moved his son in. This kid has big anger issues and I have been fea… read more
N Cal Attorney
N Cal Attorney
Lawyer
JD
9,881 satisfied customers
Not sure if this question is in your area but it does involve
Not sure if this question is in your area but it does involve my home. Two days ago my 16 year old son managed to rescue a cat from my neighbors pit bull. The cat died in our arms in one of the most h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Next door neighbor was working on his privacy fence that separates
Next door neighbor was working on his privacy fence that separates our two properties. Neighbor forgot to close gate on his property while working. I let our dog out not knowing their gate was open wh… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
Hi, in June I signed a lease with two other girls for a three
Hi, in June I signed a lease with two other girls for a three bedroom off campus apartment. Our land lord allows pets and agreed to allow us to foster two 55lb pit bull mixes on the property. I entere… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,459 satisfied customers
My Pit Bull bit ans UPS deliveryman yesterday (unprovoked)
My Pit Bull bit ans UPS deliveryman yesterday (unprovoked) with me present. This is the first time she has bitten anyone. She is 4 yrs old. Should I have her euthanized? Or should I just keep her muzz… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have been attempting to contact my landlord since Saturday
I have been attempting to contact my landlord since Saturday morning (it is now Monday night) without success. I am trying to inform her of the adoption of a dog and the fact that the neighbor in the … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
This question is regarding Landlord Tenant Law. My tenant
This question is regarding Landlord Tenant Law. My tenant has a pit bull. The dog was added to the lease as a pet and was kept well under control. The tenant has lived on the property for over a year … read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
does a homeowner assocation in Indiana have the right to tell
does a homeowner assocation in Indiana have the right to tell you what kind of dog a homeowner can or cannot have?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My siblings and I have inherited my fathers house in ...
My siblings and I have inherited my father''s house in Washington State after his passing. We are planning to rent the house and have a potential renter. We have agreed to allow pets, but the renter''… read more
Real Estate Expert
Real Estate Expert
Juris Doctor
1,970 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x