My Neighbor is Using my Gated Yard as her Dog’s Toilet, Is This Trespassing?
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Summary
My yard is fenced with entrance gates at the front and back of the property. I have found during recent weeks that a neighbor has been opening the front gate where the sidewalk is and entering my yard to allow her dog to use lawn and sometimes that side of the house as its personal toilet. Since my yard is gated and the neighbor is entering through a latched gate, can it be considered trespassing? |
“My yard is fenced with entrance gates at the front and back of the property. I have found during recent weeks that a neighbor has been opening the front gate where the sidewalk is and entering my yard to allow her dog to use lawn and sometimes that side of the house as its personal toilet. Since my yard is gated and the neighbor is entering through a latched gate, can it be considered trespassing? And what legal options to I have to deter this behavior?”
It’s trespassing whether you have a fence or not.
As a practical matter, neighbors rarely end up in lawsuits over canine habits, and there may be some things you can do short of one. Perhaps there is a pooper-scooper law in your area, which your neighbor is violating?
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For more on this subject check out these categories: Property, Animal Law, Next Door Neighbor Issues, Trespassing, Dog Law
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
