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Do I have any recourse against a neighbor who installed a permanent…

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Do I have any recourse...
Do I have any recourse against a neighbor who installed a permanent concete basketball court in there backyard? We share a fence line and now the ground is eroding, their dogs can get under the fence, damage our landscaping, balls come into our yard, and the noise from pounding the ball on the concrete slab and hitting the large permanent goal is tremendous.
Submitted: 6 years ago.Category: Real Estate Law
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Answered in 8 minutes by:
2/23/2012
Real Estate Lawyer: Dave Kennett, Lawyer replied 6 years ago
Dave Kennett
Dave Kennett, Lawyer
Category: Real Estate Law
Satisfied Customers: 27,690
Experience: 25 years experience
Verified

Dear JACUSTOMER - You can file a suit for nuisance and for the loss of the quiet enjoyment of your property. You can sue for the value of your property which is considerably more than the small fine levied by the HOA and you can ask for a court order to have the court removed. I am somewhat surprised that the HOA is not taking a more aggressive approach as most HOAs love to enforce their rules but you have no way to force them to in this instance.

If you file a suit for the loss of the quiet enjoyment of your premises and for injunctive relief to have the court removed then the neighbor is going to be faced with an expensive defense of a lawsuit which may just cause them to spend less money and remove the BB court.

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Dave Kennett
Dave Kennett
Dave Kennett, Lawyer
Category: Real Estate Law
Satisfied Customers: 27,690
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Experience: 25 years experience

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