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park built 50 feet behind house

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Kelly75

Guest
What is the name of your state? NJ

My family has lived in the same house since 1952. It was transferred to me in 1997. It was a very rural community until 10 years ago. Urban sprawl began and what once was a dirt road came to be a major access for all the new homes and condos. About 5 years ago, a park was built directly behind my house. It was built for the development that is set away from my land. The land that the park is on is considered wetland which is why they couldn't build houses. My problem is that I hear noise day and night from the park. It is literally 50 feet away from my back window. I live in a ranch and have no escape from the noise. I can hear the noise through the windows at all hours of the day. During the day I hear screaming children. And at night, I hear teenagers. I've called the police several times but the problem is that the park is set off from the main road so police have to physically drive in to see what's going on. It's not clearly visible from the steet. However, the park is so close that the development across the street constantly cuts through my yard I've posted no trespassing signs to no avail. The park has only one exit and that's facing the development where the park is intended. Therefore, it's clearly easier for people to cut through my land to access it. They've only built a small split-rail fence which does nothing to prohibit noise or intrusion. I can honestly say that I've had people comment to me "Oh, I didn't realize you had a park in your back yard." That's how close it is. It has diminished my quality of life immensely. I can no longer go into my backyard or have my windows open because I constantly feel that my privacy has been ruined to do excessive noise level. When I try to gain any respite I hear the noise from the front of the house where the busy road is located. Another thing to note, is that the park has ample amount of land to build on. However, they chose to build it right behind me. It could have been built further away from me and closer to the other homes without impeding upon my privacy or my neighbors but they deliberately chose an area where they knew they wouldn't have any controvery (I live in an older home that is slightly run down.) Because of this, no one has respect for me or my land and trample on it as they wish. I am the only person effected by this because it is directly behind my house. So I don't think campaigning the neighbors (which are mostly in the newer homes would do any good.) Is there anything I can do to regain some sense of privacy? I don't feel that I should have to build a privacy fence or go beyond my financial means just to restore any quality of life. I don't know if getting a lawyer would help or what the next step is. I can easily document the trespassers as well as the noise level and supplement with pictures of the closeness. I think that they are within there legal zoning limits so I'm at a loss of what to do.
 


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buzzards27

Guest
Two options:

Ask the governing board of the park for some relief. i.e. a fence and planting buffer. Review your local zoning laws and the plans for the park to see if a buffer is required.

Fix up the house a little and sell to someone else. Most people would love to have a park in their back yard. You may get a lot more than the home is worth. Sometimes it is better to part with something than to live in hell....
 
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Kelly75

Guest
The park has put up a split rail fence already. This was at my urging. They've also planted small aesthetic looking trees that do absolutely nothing to obstruct noise and pedestrian traffic. And, I would think that the people who would want a park in their backyard have no objection to being on exhibition in what should be their private backyard. Nor, are they adverse to having children scream at the top of their lungs along with teenagers traipsing through your yard at all hours. It's also funny how if the prospect of people wanting a park in they're backyard was alluring then why is it set so far off of their property and not in their backyard?Show me a person that wants this and I'll gladly sell.
 
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buzzards27

Guest
kelly;

You might be surprised. You are looking at this from your position not from a buyer's position. There are going to be hundreds of people dying to get your property. Fix it up a little and move on. You'll never be happy there and you'll never change it to what you want.
 
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Kelly75

Guest
Yes, the problem is that I don't have privacy fencing or anything else to obstruct the view/and or noise. The only solution that the town provided was a split rail fence which serves no purpose except for aesthetic reasons. My problem is that I don't have the financial resources to put up a fence or wall. And, I was wondering if it would be worth pressing the town to put some sort of privacy fence up. I would assume it would be better to have a lawyer to do this but that's another expense too. I've had someone quote me over $2000.00 just to fence in the back property. Which I feel that if it wasn't for the park, I wouldn't have to erect in the first place. Thanks for the advice.
 

HomeGuru

Senior Member
Kelly, the park owner has no obligation to put up a wall or better fence to protect your property from trespassers. You own your property and you have an obligation to protect your property by installing walls/fences with gates that can be locked etc.
 
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Kelly75

Guest
Thanks for the advice. I just have one more question. Since I don't have the financial means to put up a fence I was planning on planting some privacy hedges. I was wondering if it would be possible for me to plant thorny hedges that will preclude anyone from possibly entering my yard unauthorized or stopping a would be burglar from the easy access of the park. The specific type of hedge may also be a flowering variety which may appeal to bees and insects. I was wondering if the parents of the children could try to sue me if they're children were stung by an insect or prickered by one of the thorns?
 

HomeGuru

Senior Member
Kelly75 said:
Thanks for the advice. I just have one more question. Since I don't have the financial means to put up a fence I was planning on planting some privacy hedges. I was wondering if it would be possible for me to plant thorny hedges that will preclude anyone from possibly entering my yard unauthorized or stopping a would be burglar from the easy access of the park. The specific type of hedge may also be a flowering variety which may appeal to bees and insects. I was wondering if the parents of the children could try to sue me if they're children were stung by an insect or prickered by one of the thorns?
**A: thorns are good but those types of insects do not fly around at night to be effective as security. As to the liability questions, I refer you to consult with your insurance agent as I have never dealt with a prickered question before.
 

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