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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 1151
Experience:  Experience in residential real estate and commercial leases.
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I have a golf course maintenance shed next to my lot. They

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I have a golf course maintenance shed next to my lot. They put all their empty pallets and other junk in their yard which is nothing good to look at. I approached them and the HOA but they are like we can't do much since you are the one that seems to have an issue with it you need to plant some screening trees in your yard. I'm like - I'm not the one that put the trash there and shouldn't the ones that put the trash do something about it? Why should I pay out of my pocket to screen their trash? What legal options do I have here?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  J. Warren replied 1 year ago.
Hello! Thank you for your question today. My goal is to provide you with the information you seek.

I am sorry you are dealing with this situation and I am sympathetic to your situation. Unfortunately, the reality is that the most economical solution would be to plant screening trees versus an expensive drawn out legal fight. However, a private nuisance claim could be asserted.

First, if the course is not part of the HOA and not governed by its rules, the HOA won't be able to legally force the clean up of the area (although the HOA should have some compassion and assist you with getting some help from the course to keep it clean or plant screening trees but are under no legal obligation to do so).

A homeowner could have a cause of action against the course for a common law private nuisance claim. A private nuisance claim asserts that the neighboring property owner is unreasonably using the property in a manner that substantially interferes with the enjoyment and use of another's property.

It is a question of fact on an individual basis whether or not a judge or jury finds that the golf course piling of junk substantial interferes with your enjoyment of your property. Unfortunately, the only way to find this out is to retain a lawyer to commence an action against the golf course. The benefit to doing so is the opportunity that the course will agree to plant screening trees rather than go through the expense and time of defending a lawsuit. Obviously this is an expensive approach to resolving your problem but it may be the only way to get the golf course to listen to your requests.

It could very well be that a letter from an attorney - which states grounds of a potential nuisance claim but in light of a suit request the course to either keep the area clear or plant screening trees - would cause the course to be reasonable and plant screening trees at their cost.

If 5 or more property owners petition the court to bring a public nuisance claim then the interest of the property owners could be represented by the Commonwealth and fines and penalties could be assessed against the golf course along with a court order to remedy the situation.

I apologize that this was probably not the answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information and not just an answer you were hoping to hear.

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

 

J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 1151
Experience: Experience in residential real estate and commercial leases.
J. Warren and 5 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks a lot for a quick response.


 


Let me provide you with bit more background to see if you find something I can leverage.


 


We are part of the golf course community and pay a seperate membership fee in addition to the HOA fees. Even though the HOA and the golf course are within the same gated community. But I think they are separate entities.


 


The golf course's property ends at the fence next to the side of my house with some HOA owned common area in between. In order to provide with any screening, the trees would have be planted in the HOA's common area which the HOA is reluctant to do regardless of who pays for it and they both insist that I put in my property at my expense. Doing so will not only provide adequate screening but will also block the sunlight. It will also make my lot look smaller.


 


The golf course however screened their shed maintenance shed on all the other sides very well except for the side next my house. There is lot of traffic in the yard too from time to time. I have requested the HOA and the golf people to at the very least put a screen fabric ($200-300 installed) on the fence which would fix most of the problem but they are giving me a run around.


 


I wanted to work with them and even partially pay for the cost as we are all part of the same community. Not heard anything so far and I'm not too optimistic as this thing has been going on for about 2 years.


 


Legally the only option I have is to file private nuisance claim?


 


thanks


 

Expert:  J. Warren replied 1 year ago.
Thank you for the additional information. I am sorry that your reasonable request are falling on deaf ears. Prior to resorting to litigation you might attempt a community mediation service in which a trained mediator can be a third party voice of reason in the situation to come to a reasonable resolution.

Virginia does have a mediation association call the Virginia Association for Community Conflict Resolution. Here is a link: www.vaccr.org/services/. In addition, the Virginia Mediation Network is also a resource to commence the mediation process: www.vamediation.org/

If mediation fails and a resolution on your own can't be reach I am sorry but litigation would be the legal avenue to resolve the conflict.

I apologize that this was probably not the answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information and not just an answer you were hoping to hear.

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

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