When Lawn Care Goes Too Far: What Homeowners Can’t Do To Their Lawns

It’s no doubt frustrating to spend lots of time and money on lawn care, only for the newly grown grass or planted flowers to be trampled on by neighbors, dogs, and kids on bicycles.

But how far is too far when it comes to keeping everyone off your lawn? 

That’s a question that at least one Minnesota courtroom is going to have to figure out, after a local man was charged with one gross misdemeanor count of setting a spring gun, pitfall, deadfall, or snare.

Kyle James Steffen reportedly grew tired of warning kids to stay off his lawn, and he set up a “strip of thick plastic embedded in the grass with roughly 40 3-inch screws protruding upward.”

Ostensibly, this would pop some bicycle tires and deter the use of his lawn as a shortcut to a nearby park. 

There can be a fine line between being an inconsiderate neighbor and committing a crime, and no one wants to end up on the wrong side of that line. What are homeowners allowed to do to protect their lawns, and what can get you in legal trouble if you’re not careful? 

Sometimes the lawn creates its own hazards, with native plants growing in unexpected places. (Getty Images)

Why homeowners can still be liable if someone is trespassing

If someone walks onto your lawn and steps on a rake, you’re likely not going to get in trouble. The issues start when you take “willful or wanton” steps to hurt people who step onto your lawn or other property. 

This comes from a 1971 court case: Katko v. Briney.

In that case, the Briney family set up a rigged shotgun to fire at trespassers entering their uninhabited farmhouse—and were held liable when Marvin Katko indeed broke in and was shot in the leg, suffering permanent damage.

The legal consensus now holds that you can’t seek to hurt people on purpose. This is especially true if someone sets a trap for porch pirates, only to hurt a legitimate delivery person who entered the property. 

This mole trap in your yard could be a hazard to more than just the pests. (Getty Images)

What can’t you do to protect your lawn?

As a homeowner, then, you have a good general rule of thumb: If it can hurt someone, you not only shouldn’t do it, but it can also get you in legal trouble. 

“The line is generally crossed when a security measure is designed or likely to physically injure someone rather than simply deter them,” says Bobby Taghavi, managing partner at Sweet James. “Saying you only intended to scare someone may help, but it won’t necessarily excuse creating a foreseeable risk of serious injury.”

A rigged shotgun is an obvious example of what not to do, but what do other over-the-line measures look like?

“Any setting of any type of booby trap that’s purpose is to hurt a human or animal is illegal. The same goes for any toxic or chemical deterrents, if they’re designed to injure or affect a trespasser,” says Chrissie Handley, a lawn care specialist at Online Turf.

“Fencing that is designed to be hazardous is also not really allowed as you are then legally responsible if any visitor accessing your property, like a delivery driver or even just kids playing in the neighborhood, is injured.”

The fencing point is important to note because it speaks to a homeowner’s responsibility even if the deterrent seems apparent. If you have something on your lawn that can hurt people, it doesn’t matter what your intent is.

That risk is even higher when a child is hurt, due to the attractive nuisance doctrine—a tort law in most states that says homeowners are liable if a dangerous condition on the property is likely to draw in kids, such as an empty swimming pool. The better question is, how much trouble will you get in?

“Depending on the circumstances, charges could range from reckless endangerment to assault or more serious offenses if someone is badly injured. Jail is absolutely possible, particularly if the device was intentionally concealed and capable of causing serious harm,” says Taghavi.

“Intent, the degree of risk created, and the severity of the injury can determine whether conduct rises from negligence to a criminal offense.”

What’s standing in your way?

Breaking the law will mean local law enforcement will show up at your door, but that may not be the only entity standing in the way of turning your lawn into a fortress. 

Municipal codes vary greatly from city to city, so checking your local ordinances is important to understand what exactly is banned. But many city codes ban things like barbed wire, razor wire, and broken-glass-topped walls in residential zones. Electric fencing is also typically not allowed on residential properties, and where it is allowed, such as in Murray, UT, the voltage is capped at low levels. 

Then there’s your homeowners association. Restrictions from an HOA can stack on top of city codes, and where there’s a conflict, the more restrictive code wins. For example, if city codes say your fence cannot be more than 6 feet high, and your HOA rules say the fence can’t be higher than 4 feet, a 6-foot fence get you in trouble. 

In terms of safety, many HOAs may ban barbed wire, electric fencing, and other potentially dangerous deterrents, and may require prior approval if you install anything visible from the street. 

Also important to note: A standard homeowners liability policy may cover negligence (such as things you should have fixed, but didn’t), but it generally does not cover intentional acts. So if someone is injured on your lawn, you may escape criminal charges but can still be held liable—and your insurance policy won’t cover you. 

“A dangerous trap can create substantial civil liability, especially if a child is injured, and homeowners insurance may exclude coverage for intentional or expected injuries,” says Taghavi.

What can you do instead?

Very few homeowners will go to the lengths that Steffen did to keep people off their lawns. But if you’re curious what you can do to maintain privacy and your flowerbeds, there are some guidelines. 

“Legal deterrents include standard fencing or roping off the area, which is normally enough to deter people from using it,” says Handley.

She also recommends natural barriers, “like a spiky holly bush,” to keep people away while maintaining curb appeal. 

Handley also recommends gentler options like motion-activated sprinklers or lights. For animals in particular, ultrasonic sound or scent-based deterrents—such as citronella or garlic-based sprays—can be effective as well. 

Of course, even with these legal options, it’s important to check your local codes and HOA rules before making policy modifications, says Taghavi. No doubt there’s at least one HOA out there with a rule against making your lawn smell like garlic.