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neighbors with dirt bikes

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Pjman

Guest
What is the name of your state? Illinois

I live in an unincorporated residential area in the Chicago suburbs. Recently a neighbor turned part of his very large lot into a dirt bike track for himself and his family and friends. There are no laws against riding dirt bikes on private property here in unincorporated DuPage county nor are there any noise laws. The dirt bike riding is so loud that you can't hold a conversation and the dust they raise is overwhelming. Several times this summer we've had to cancel outdoor plans in our yard and retreat inside behind closed windows and doors. I've talked to the property owner several times and his response is "it's my property and we're going to ride." Where do his rights to do what he wants on property end and my rights to enjoy my property - and keep it clean - begin ? Do I have any legal recourse for loss of use of my property or for the declining value of my property because of the mess he's made of the neighborhood ? If it matters, I've been here 17 years and the dirt bike riding just started this year.

Thanks in advance.

Pat
 


JETX

Senior Member
Obviously, this is not something that you are going to resolve in amicably talking with your neighbor.

Your only recourses as I see them are:
1) Get with your neighbors and see if you can get some type of petitioned signed, the more the merrier. Of course a video of the 'scene and action' would help. Then, take your peititon to your local (county?) representative. If he/she sees enough signatures, he/she may propose an amendment restricting such usage, and/or
2) Get with a local attorney who can review your issues and research the property records.
 

smorr

Member
I don't see how researching property records would help in this situation. What would they be looking for? I'm just curious.

And spreading nails may be a fun thing to watch when they're stuck in the tires of these bikes, but they'd better spread 'em in the middle of the night!

A petition may be your only option since there's no laws on noise. (I don't get that one either - what about privacy and quiet enjoyment!?). The video suggested may also be good, to show the dust they kick up and where it heads - just make sure the wind's blowing in the right direction!

How about buying a big 'ol Harley and ride it across their front lawn a few times - see how they like that! (suggestion - not recommendation)

OR better yet - make sure the Harley has no muffler and fire her up around 3 a.m. right next to their bedroom windows! Give 'em a taste of their own medicine. (another suggestion - not recommendation!!)
 

JETX

Senior Member
"I don't see how researching property records would help in this situation. What would they be looking for? I'm just curious."
*** Property records show actual metes and bounds of property. It is possible that they are encroaching. They also show rights of ways, covenants, etc. which might apply. Obviously, you have never spent any time researching property records.

"And spreading nails may be a fun thing to watch when they're stuck in the tires of these bikes, but they'd better spread 'em in the middle of the night!"
*** Can you say criminal trespass??

"I don't get that one either - what about privacy and quiet enjoyment!?
*** Guess you have never been through the long and expensive litigation of trying one of these cases, have you??

"How about buying a big 'ol Harley and ride it across their front lawn a few times - see how they like that! (suggestion - not recommendation)"
*** Again, criminal activity would probably be 'frowned on'.

"OR better yet - make sure the Harley has no muffler and fire her up around 3 a.m. right next to their bedroom windows! Give 'em a taste of their own medicine. (another suggestion - not recommendation!!)"
*** And that won't work unless there bedroom window is on or near the property line.

I guess that one out of four 'ideas' isn't bad..... all things considered.
 
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Pjman

Guest
Thanks for all of the suggestion, serious and otherwise. There are no questions about property boundaries and the local sheriff does claim there are no noise laws. But what about the loss of use of my property or the degradation of the rural lifestyle we’ve come to enjoy out here ? Are these grounds for a lawsuit ? I don’t want money. Just quiet and clean air. Would this be something an attorney would take on contingency ? Sue them for legal fees incurred in restoring the neighborhood ?

Pat
 

smorr

Member
Well, remember, I'm not an attorney so I haven't "tried" any cases like this or any others - and I don't live in the same state so would not have researched the same. I was honestly curious as to what you meant about the research though - and yes, I know about metes and bounds, and property lines did cross my mind, but I wasn't sure that's what you meant. That's why I asked. Excellent knowledge though, on your part - it wouldn't have occurred to me that they could use that to their advantage.
Good work, JETX!

By the sound of their problem - unless i was an attorney, I really wouldn't have a clue how to legally fight this. My city/state wouldn't tolerate that - we fortunately do have noise laws and they are enforced - As for trespassing, yes - I can say criminal trespass - can the neighbors prove it if no one sees them?! (the word is IF here - little word, means a lot!)

Pjman - I don't live in your state, but I don't think an attorney would take this on a contingency - he/she would want to know if you had a chance to win in order to take the case.

I wish you the best of luck - if you don't have much success, Massachusetts DOES have noise laws and less dust too!

___________________

Who's the bigger fool - the fool or the fool who follows him?
 

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