Front yard easement for utilities only? (Austin: real estate, attorney, house)

[Austex1]

I live in a house I own in central Austin and I have a next-door neighbor who walks across my front yard every day with her dogs and has for years. She will not stop no matter how many times I have asked her over the years, (mostly nicely and including in a written letter but more directly recently) It drives me nuts for many reasons, which I won't get into here. We do not have sidewalks in our area and for 10 years we have had a big cactus garden located in the utility easement area at the front curb of our yard. The neighbor insists she gets to walk across our yard since we don't have the 10' setback area free and available to her. I really want to get her to stop trespassing without having to go to the trouble and expense of putting up a fence, which we don't otherwise want or need. Is she correct in that she can disregard my repeated requests and continue to walk across my yard if our front setback area is filled with a cactus garden? I was told that area was just a utility easement, not public access. Please help! Any thoughts, code cites, or advice will be appreciated.

[Komeht]

Not nearly enough information. There can be all sorts of easements here depending on the property including express easements, easements by prior use, easements by prescription, easements by estoppel, ar it could be a right of way easement. You would have to check real estate deeds to be sure.

Assuming there are not you could possibly sue for trespass to land...get an attorney.

[Austex1]

I don't think there is any deed restriction; I think she is just relying on city code(s)(which I can't find) that require a 10' front setback for fences and other buildings. Technically I think that area should be left clear but my understanding is that it is for utility access, not neighbors who want to use that area as a dog park. I understand that the city could rip up our cactus garden located in the easement if they ever needed to access underlying utilities. But does the fact that we have the garden there give my neighbor any legitimate claim to use the parts of our yard that are open?!

[Komeht]

The garden would not likely give any rights, but property easements are fairly complicated and fact intensive and depend on all sorts of things very specific to the property and adjacent property , etc.

Even if you wanted to enforce a trespass action you would need the assistance of an attorney, so might as well start there.

Otherwise, I suggest the adage holds true: good fences make good neighbors.

[maui-intoxicated]

Does she walk across anyone else's lawns? Where I come from, you ask permission to walk on a guy's manicured lawn or you face the consequences.

You could put up a fence and gate her out, yourself in...depending on how you look at it. The fence really serves 2 purposes. Yeah it's ugly, but works great to keep things inside or other things outside of it.

[10scoachrick]

OR a couple of small lawn service signs indicating some gahdawful substance has been applied to the lawn OR spread some Dillo dirt and hose it down. THAT would keep ME off your lawn!

[CptnRn]

The normal 10' or more setback area is public right of way, yes she can walk through it. Look at the improvement survey that was provided to you when you bought the property, it should show where the front of your property is. The rest is part of the public right of way.

[Austex1]

Originally Posted by CptnRn

The normal 10' or more setback area is public right of way, yes she can walk through it. Look at the improvement survey that was provided to you when you bought the property, it should show where the front of your property is. The rest is part of the public right of way.

Do you know what specific city code sets forth the permissible uses for the 10' front setback area? She can walk through the giant cactus patch in the setback area if she wants to, but does she get to walk through our yard just because she can't walk through the setback area (because cactus garden is there)?

[Komeht]

Originally Posted by Austex1

Do you know what specific city code sets forth the permissible uses for the 10' front setback area? She can walk through the giant cactus patch in the setback area if she wants to, but does she get to walk through our yard just because she can't walk through the setback area (because cactus garden is there)?

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[Komeht]

Then there's always this approach: