One of my neighbors lets her dog poop in my yard. If I’m lucky she scoops the poop, but sometimes she doesn’t. It drives me nuts. When I’ve politely asked her to stop letting her dog poop in my yard, she always says the grassy area of my front lawn closest to the street is city owned, so her dog is allowed to be there no matter what I say. Is that right?
Possibly. Austinites might be surprised to learn that the first few feet of land next to the city street often aren’t owned entirely by the homeowner. In most neighborhoods, the city of Austin owns or controls (often through an easement) a strip of land that runs adjacent to the roadway called the public right of way. This area is under the city’s control so the city can install sidewalks and run utilities like water, wastewater, and sewer lines. In many Austin neighborhoods, the right-of-way line is located close to the street, oftentimes several feet past the curb into the yard.
But just because the right of way exists does not mean your neighbor can walk her dog all over your lawn like it’s a public park. If a dog is getting more than a few feet from the curb, chances are the dog is on your property, not city land. If a neighbor steps beyond the public right of way and onto your land, technically that’s trespassing. It all depends on whether she and the dog leave the public right of way and go onto your privately owned land. Because every street is different, exact boundaries vary. Check your property survey, Travis Central Appraisal District maps, or call the city of Austin’s Right of Way Management for guidance.
The dog walker has an absolute obligation to scoop the poop, regardless of whether the dog poops in the city’s right of way or on your lawn. Austin city code requires that a dog owner promptly remove and dispose of all dog waste that occurs on property not owned by the dog owner or handler. Be neighborly and try to resolve the problem in a friendly way.
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Marrs, Ellis & Hodge LLP, www.mehlaw.com.
The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.
This article appears in November 7 • 2025.