Neighbor forcing path into park to remain behind our house

[newtohcmd11]

What is the name of your state (only U.S. law)? MD

Need advice or help if any can be given. Bought newly constructed end-unit townhouse within the past year in HOA. There were existing townhouses built from 2007 to 2009 already there. Majority of houses on our side of the block back up to school-owned park. Right behind master bedroom is a trail that was apparently cleared by one of the original neighbors into the park that the park has designated for emergency access (my husband and I did not see this prior to purchasing or we would have chosen a different lot). The park doesn't mind people using the trail to access the park as long as they follow the rules (i.e. only access park during open hours, no drinking/smoking). Unfortunately, people do not follow these rules and people (both from the neighborhood and also strangers) come behind our house and our unattached neighbor's house at all hours to go into park and to drink and smoke in there (evidence on path). We have both had to get fences to protect our children and prevent trespassing on our own property (our land slopes, so they start on my neighbor's land and then cut across to mine). I've spoken to the park owner's (school board), HOA and police about the problems with this path being behind residential property. Police will only deal with path for trespassing and/or illegal activity if we can catch them (neverminding that there are young children in the house). HOA and park point to each other to fix problem. Reached agreement with park that if we could clear out another entrance to the trail, they would mark that entrance into path (lack funds and manpower to do this themselves). We cleared a new entrance/trail so the new entrance meets the original path halfway down and covered the old path with brush (park suggestion). One of original neighbor's verbally accosted me about this when they knew my husband was away, stating this path was here before we were, stated that's the path they use and proceeded to clear out the path. Park and HOA still won't help and since new path is further away for most people, still having people go behind backyard to access path that should be closed. Is there anything we can legally do to prevent this person from clearing the path again and/or to force the park or HOA to permanently close the current entrance to the path due to the activity on it? Obviously the park's original acquiescence will not work here. Additionally I forgot to add, the park open about 1/2 the year but only when school is not in session and this neighbor uses it year-round and after hours.

[strongbus]

Is the path on yours or your neighbor's land or on land owned by the HOA?

If its the HOA's land not much you can do bout it.

If its yours or your neighbor's land then you could just extend your fences to meet each others and close off the path with the fences.

But before you do this make sure to check out your HOA documents and all documents form your when you bought it to make sure there is nothing in them saying that you have to let the path be there if on your land. if there is there may not be much you can do.

[newtohcmd11]

Actually it's the school system's land and they were the ones that gave us permission to move the entrance in the first place. This neighbor is in the next group of houses up that was built about 3 yrs ago and has used this path to walk their dog I guess since they've been here. This neighbor has also in the past made comments about how the new houses brought down the value of the old houses (I guess the economy and housing market had no influence there) and knows that this path will also lower property value. My motivation to move it is the safety of my family and also, to make sure our property retains value (I'm not seeing us remaining long here, this neighborhood was definitely not what we thought it was). We just want to know, since the owner(? - not sure how you describe a school-owned park) of the land gave permission, can this neighbor keep moving the path back, thereby affecting me and my family. There is no mention of the path in my documents as it is not owned by the HOA and starts at the tree line to the park. We could only build the fence back to about 10 ft from the park, then there is 10 ft of common space behind all the houses and then the park. No other house has a path directly behind their house, two other houses have paths in-between end-units which I would have been fine with. This neighbor does not like that idea and seems insistent it must remain behind our house.

[justalayman]

If it's the school systems land, it is up to them to either act to restrict the use or give you legal authority to act on their behalf. I doubt the latter is going to happen and it doesn't sound like the former is either. As such, you have no right to restrict anybody from using the property.

[sally1]

I would do what I could legally on my land to deter people from using the path. If there is space enough to plant something I would recommend some thorny bushes and/or stinging nettle.Plant it on your land and it may extend enough to deter walkers.