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Having issues with the neighbor's children bouncing their ball off our cars

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gravelhighway

Junior Member
What is the name of your state (only U.S. law)? Texas


Situation:

My neighbor installed a basketball hoop in their driveway last month. Unfortunately our driveways are next to each other. We started hearing loud banging noises and I went out to the garage. I opened the garage door just in time to see a basketball bounce off my car. It did not do any damage that can be seen. I not so nicely told them to keep the ball in their own yard. My husband has also told them (nicely) to please stop hitting the cars with the ball.



What I've Done to Resolve This:

I have since then installed a security camera for insurance purposes in case damage happens. I have video of the children playing basketball and bouncing the ball off our vehicles. The videos/stills are over a 3-week period.

Today, on someone's advise, I put a "No Trespassing" sign at the property line. Supposedly only then I can contact the police (I'm not sure how PRIVATE property is actually PUBLIC to everyone, but I did as they said).

I've even gone as far as thinking of trying to move, but four houses on my street (of 13 houses) have been for sale for over a year.

I've looked into having our privacy fence extended, but (1) it would really look horrible and possibly decrease the value of the home; (2) why should I have to pay for it?; (3) the kids would probably just damage it anyway.



What Seemingly Cannot Be Done:

Speaking reasonably to the mother of the children. The last time that I had an issue, the children were climbing over our 6' privacy fence to get their toys. They broke loose one of the boards from the fence. I went to speak to the mother, but she was rude and blamed her children's behavior on their age. (if I damaged property or bothered my neighbors when I 10 years old, my mother would have grounded me for months). I'm also a PTSD combat veteran with high anxiety anyway who doesn't always have control of her emotions, so I avoid conflict as much as possible (and she's shown that she's unable to communicate in a friendly, no-conflict manner).

And yes, I've thought of calling the police. It's a small town with small town police who did very little when I was bit by a neighborhood dog. So I'm not counting on them for much.


What This is Doing:

First, the constant worry over my vehicle & property is causing me a lot of anxiety. I'm also a PTSD combat veteran with high anxiety anyway who doesn't always have control of her emotions, so I avoid conflict as much as possible (and she's shown that she's unable to communicate in a friendly, no-conflict manner).



Evidence:

I have images of them clearly on our property (they only own 1" after their driveway.. we own the rest). Not sure if the link will work, but there are photos here: http://img37.imageshack.us/i/f001998wmv2011022012095.jpg/]ImageShack® - Online Photo and Video Hosting
 
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justalayman

Senior Member
well, since you don't want the proper advice, which would be to call the police, I'm not sure what you are looking for. The police are the people that get called when people break the laws but since you don't want to do that, I guess you are left to your own devices.

Be careful you don't break the law though unless you are positive the neighbors are as reluctant to call the police as you seem to be.
 

gravelhighway

Junior Member
I appreciate that, and I understand that calling the police is probably what needs to be done. However, they did nothing when someone broke into my house through the window. They did nothing when a neighbor's dog attacked me. It's a small town of 500 people... they just don't do much.

I'm not a violent person, but I've attempted to talk to her several times. The first time I went over was because I found a fire ant nest so I was just asking if she was having them in her house. She literally bit my head off. She said, "If they're in my house, that's my business." I just said, "Ok, was just trying to give a friendly warning" and walked away. The second time her children were jumping on the trampoline and yelling "hey lady" while I was sitting in my house, on my couch. I once again went over and nicely said that I didn't appreciate the invasion of privacy, and got a "he's only 10 years old!" speech. I said, "Even 10 year olds can be peeping toms" and left. The last time I was sitting in my backyard reading a book and saw her boys climbing over my 6' fence. The seemingly innocent, would never do anything wrong 10-year-old screamed "Oh ****!" and jumped off, taking the board down with him. I called the police but they didn't have anyone that could come out. So I fixed the board myself -- the police never showed up. Therefore, I'm not going to have another confrontation with the woman.... she can't be reasoned with, and I don't want to lose my temper and slap the taste out of her mouth. Unfortunately my husband is extremely passive and won't do anything about any of this, even though I'm a nervous wreck.
 
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justalayman

Senior Member
but even if they do nothing other than make a report, that helps you in any future claims against the neighbor. Documentation will help you in any other action that might result from this.

I would start with calling the police. Hopefully they will at least speak with the neighbors and that might help. Since you have already said you cannot communicate with the neighbor for a variety of reasons, I doubt looking over then fence and yelling "keep your f'n ball on your side of the fence" just isn't going to happen.

to the damage of your fence; you could have called the police but you could also have sued the child and possibly the parents for the value of the damage. Since you don't appear to have damages, yet, your actions would be very limited.

If you want to spend some money that might do no good, you can file an action in the courts seeking the court to enter an order demanding they not trespass. Of course, if they do act against the order, you will have to go back to court and ask the court to impose a penalty. What they might impose, if they actually do impose a penalty, would be up to the courts discretion.

I would start with a police report first as that report would be something beneficial if you did seek an injunction in civil court.
 

CourtClerk

Senior Member
Your marital problems are a different issue all together.

However, if she damages your property, sue her for the damages.
 

justalayman

Senior Member
I just notice the trampoline situation:

they were not doing anything illegal. It is not an invasion of privacy to be able to see your yard or even into your hosue from any perspective it is legal for them to be. Only if there is some attempt to view the interior of your home, and (I haven't checked to be completely accurate here), only if some means such as a camera, binoculars, telescope, or the like is used does it become illegal.
 

gravelhighway

Junior Member
to the damage of your fence; you could have called the police but you could also have sued the child and possibly the parents for the value of the damage. Since you don't appear to have damages, yet, your actions would be very limited.
I did call the police. Twice. They never showed. They were "too busy" to deal with something so trivial. Or were having a smoke. Who knows.

If you want to spend some money that might do no good, you can file an action in the courts seeking the court to enter an order demanding they not trespass. Of course, if they do act against the order, you will have to go back to court and ask the court to impose a penalty. What they might impose, if they actually do impose a penalty, would be up to the courts discretion.
Thank you, that's what I was looking for... going downtown to the "Big city" and filing a complaint. I just couldn't remember what it was and Google wasn't much of a help (especially since I wasn't exactly sure what I was looking for).
 

gravelhighway

Junior Member
I just notice the trampoline situation:

they were not doing anything illegal. It is not an invasion of privacy to be able to see your yard or even into your hosue from any perspective it is legal for them to be. Only if there is some attempt to view the interior of your home, and (I haven't checked to be completely accurate here), only if some means such as a camera, binoculars, telescope, or the like is used does it become illegal.
The kid had a video camera and I could see the red light. He was filming into my home.
 

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