My Neighbor is Using my Gated Yard as her Dog’s Toilet, Is This Trespassing?

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“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?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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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Author: House Attorney

A house attorney has answered this question.