Postulate a building which has been subdivided into several separate units. The building has a fenced and gated yard surrounding it which is understood to be a common area.
The tenants in one unit have a pitt bull who is basically a guard dog. He is aggressive and confrontational and, when leashed in the yard, will lunge at anyone who approaches, inside or outside the fence. He makes no distinction between other tenants that he sees every day, and strangers or intruders.
The dog’s owners begin to let him wander around in the yard loose. (Both day and night.) If a tenant from another unit exits their home and tries to cross the yard to go out the gate, the dog will rush at them, and chase them back inside.
When spoken to about this, the owners say, “He doesn’t have to be on a leash in his own yard.”
This can’t possibly be true? FWIW, the dog’s owners were the last ones to move into the building; and when they did, they didn’t have the dog yet. So there are several people ahead of the dog in line to claim the yard as their own.
p.s. Don’t get me wrong – I love pittbulls, when they are allowed to be their natural sweet selves.