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.