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Living next to park / damage from baseballs

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robinsena

Junior Member
State I'm in: NJ

Hi all,

I was wondering if someone can give me some sound advice as to how to advocate for my family effectively.

We bought a new house about 10 years ago. It is situated next to a park that has a field and two baseball diamonds. Every since we moved in, our fence and siding has consistently sustained baseball damage from players who hit hard without care for property. We are not right next to the diamond, per se, but it seems that the town and developers did underestimated the distances to which baseball players can hit. I have collected two cardboard boxes full of baseballs in our backyard over the years. Three years ago, I took those boxes with me to the parks and rec dept at our town to see if we can remedy the situation. They agreed to stop scheduling adult leagues using the diamond closest to our home, but of course that doesn't stop casual visitors from using the diamond. My parents have gone to the township since then and they have always claimed that they would reimburse damages to our property... which hasn't happened.

I have spoken to some parkgoers and they agree that it should be the town's responsibility to either erect some kind of fencing to protect our house, or to remove the closer baseball diamond completely. I am not sure how to advocate for this. On the one hand, I don't want to be the 'grinch' and try to stop people from having fun, but on the other hand, I have also met baseball players who placed the fault on my family for living next to a park. Even IF we did make the mistake of living next to a park, I don't think this justifies the carelessness and the damage that our house has sustained over the years.

Any advice? Should I hire an attorney for this?

Thanks very much for your help in advance.
 


Zigner

Senior Member, Non-Attorney
YOU bought the house next to the baseball field...why don't YOU put up a fence? You knew (or should have known) about this possibility.


State I'm in: NJ

Hi all,

I was wondering if someone can give me some sound advice as to how to advocate for my family effectively.

We bought a new house about 10 years ago. It is situated next to a park that has a field and two baseball diamonds. Every since we moved in, our fence and siding has consistently sustained baseball damage from players who hit hard without care for property. We are not right next to the diamond, per se, but it seems that the town and developers did underestimated the distances to which baseball players can hit. I have collected two cardboard boxes full of baseballs in our backyard over the years. Three years ago, I took those boxes with me to the parks and rec dept at our town to see if we can remedy the situation. They agreed to stop scheduling adult leagues using the diamond closest to our home, but of course that doesn't stop casual visitors from using the diamond. My parents have gone to the township since then and they have always claimed that they would reimburse damages to our property... which hasn't happened.

I have spoken to some parkgoers and they agree that it should be the town's responsibility to either erect some kind of fencing to protect our house, or to remove the closer baseball diamond completely. I am not sure how to advocate for this. On the one hand, I don't want to be the 'grinch' and try to stop people from having fun, but on the other hand, I have also met baseball players who placed the fault on my family for living next to a park. Even IF we did make the mistake of living next to a park, I don't think this justifies the carelessness and the damage that our house has sustained over the years.

Any advice? Should I hire an attorney for this?

Thanks very much for your help in advance.
 

robinsena

Junior Member
Please read my whole post. I said my fence is always continuously damaged.

And you're just reflecting the attitude that I said I was afraid of in my last paragraph... sigh. Even if you think that buying a house next to a park is a mistake, two wrongs don't make a right, and just because a house is next to a park does not mean you have the right to do whatever you want to someone else's property. That's very selfish and irrational logic.

If anyone has any constructive, helpful advice, please let me know. It is no use berating me for my parents' supposedly 'poor choice' in a house at this point... I'm just a young daughter trying to prevent any more damage to my home.
 
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nextwife

Senior Member
You can drive city/vullage hall crazy by continuously requesting they install a line of trees or a tall fence on the park side as a partial barrier.
 

Antigone*

Senior Member
I decided to live on a golf course. I have the local glass company on speed dial, not an attorney. Your parents chose to live behind the park, keep the fence repair man on your speed dial.

In others words I see no legal remedy for you.
 

Zigner

Senior Member, Non-Attorney
This is like people who move in next to an airport and then complain about the noise :rolleyes:

ETA: Or, even the folks who buy the great house next to the railroad tracks, and then are bothered by the trains...
 

robinsena

Junior Member
Zigner, the problem with your analogy is that the trains and planes don't ram themselves into the house and cause damage (at least, we should hope not).

Antigone, that's why I am asking for legal options. I am not familiar with zoning or actually anything to do with property law... so I'm assuming that my neighborhood is considered a residential area, and not a recreational area. So I don't really get how me living on in a residential area is the same as pitching a tent on a golf course...

The town had a large park, and then they decided to make the park smaller and make the rest of the neighborhood into a residential community. So I'm not sure how your analogy would really fly. If you know the technicalities of the law though, let me know, that'd be really helpful.

Again, looking for legal advice here, not opinions about housing choices. Thanks nextwife, I think I may have to start documenting a paper trail of communications with the town.
 

Zigner

Senior Member, Non-Attorney
Zigner, the problem with your analogy is that the trains and planes don't ram themselves into the house and cause damage (at least, we should hope not).

Antigone, that's why I am asking for legal options. I am not familiar with zoning or actually anything to do with property law... so I'm assuming that my neighborhood is considered a residential area, and not a recreational area. So I don't really get how me living on in a residential area is the same as pitching a tent on a golf course...

The town had a large park, and then they decided to make the park smaller and make the rest of the neighborhood into a residential community. So I'm not sure how your analogy would really fly. If you know the technicalities of the law though, let me know, that'd be really helpful.

Again, looking for legal advice here, not opinions about housing choices. Thanks nextwife, I think I may have to start documenting a paper trail of communications with the town.
You got legal advice. Just not what you WANTED to hear.

As for the damage - you've never seen the damage that the vibration from a train can cause, have you?
 

Antigone*

Senior Member
Zigner, the problem with your analogy is that the trains and planes don't ram themselves into the house and cause damage (at least, we should hope not).

Antigone, that's why I am asking for legal options. I am not familiar with zoning or actually anything to do with property law... so I'm assuming that my neighborhood is considered a residential area, and not a recreational area. So I don't really get how me living on in a residential area is the same as pitching a tent on a golf course...

The town had a large park, and then they decided to make the park smaller and make the rest of the neighborhood into a residential community. So I'm not sure how your analogy would really fly. If you know the technicalities of the law though, let me know, that'd be really helpful.

Again, looking for legal advice here, not opinions about housing choices. Thanks nextwife, I think I may have to start documenting a paper trail of communications with the town.

You should see my tent you ignorant fool. :rolleyes:

Tigi out :cool:
 

robinsena

Junior Member
Ok, well, thanks for your opinions. And you're right, it's not what I wanted to hear, but you haven't substantiated your argument using actual law. I know your opinion on me living in my house, but I still don't know if legally I am limited in the way that you say I am in my options. So I'll probably try to keep my ears and eyes open for other possible solutions.

Zigner - this is not a sarcastic question, but a genuine one - have you heard of cases where people tried to get damages because of train vibrations? Since you say that vibrations can cause a lot of damage, I'm wondering if people ever tried to get compensated. Does it work out in their favor?

Sorry to be so hopelessly optimistic, but again, just trying to explore all possible options.
 

FlyingRon

Senior Member
The people who are playing with the ball that hit your fence/house are the ones resposnible. The park the town, or other entities have no responsibility. You can try to pursue (as other's have suggested) some mitigating buffer with whoever maintains the fields, but they're under no obligation to do so. i'm sorry this isn't what you WANT to here, but it's the legal answer. You haranging on is just going to encourage further chippy answers.
 

tranquility

Senior Member
There is a trespassing by the individual who hit the ball on to the property. He is directly responsible for the damage. There may be some vicarious liability on the part of the league as they may profit from the activity. Depending on the facts, there may be direct negligence as well. However, it is near impossible to to sue the actual individual as you would need to find out who did it and get past the under age issues if it is kids playing. The league connection would be tenuous at best.

However, there is also a potential nuisance suit here. Yes, you can come to a nuisance. The case books often use Spur v. Del Webb as the exemplar. A cattle farm in an area way away from the city and which is zoned agricultural. Del Webb realized land was cheaper out in the boondocks and bought a bunch of it and started to develop a city. He didn't think people would mind the smell of manure. As the development continued to be built closer and closer to Spur, he found more and more people started to resist buying because of the smell. He sued for nuisance and won.

But, not completely. Del Webb had to pay for the movement of the farm.

Now, we're talking big money and lots of lawyers, but it enshrined the fact that "coming to the nuisance" is not a complete defense but is only a factor in determining the equities.

Realistically, however, your only chance is to lobby the city. Come up with a plan that will cost them less than a lawsuit to accommodate the needs of the park with your needs.
 

Seanscott

Member
If the township has said that they will pay for the damages to your house, then you need to force them to do so.
Eventually they'll get tired of paying those bills and realize that a higher fence would be cheaper for them in the long run.
I think this tactic would be more helpful than taking ballplayers to court.
 

JustAPal00

Senior Member
I decided to live on a golf course. I have the local glass company on speed dial, not an attorney. Your parents chose to live behind the park, keep the fence repair man on your speed dial.

In others words I see no legal remedy for you.
Almost! We live next to a golf course too. If you can find who did the damage, you can sue them.
 

robinsena

Junior Member
Thanks everyone for the suggestions, especially tranquility for posting on a previous (similar) case. Thanks to you guys, the issue has been resolved to our satisfaction at this point, and I'll definitely keep your pointers in mind for the future. Cheers :)
 

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