Disputes between neighbors are among the bitterest disputes in law. Neighbors often see each other every day and often end up fighting over the nominal things. Nevertheless, the fights are real, even if they appear small and petty to everyone else.
In the summer of 2024, Julia Ramos reported that a basketball hoop on her neighbor’s property was too close to her property line in St. Louis, Missouri. Ramos said a basketball traveled onto her property on two occasions, and her neighbor’s child went onto her property to get it. Ramos also said that, in addition to fearing for the children’s safety, she fears she could be “hit by a flying ball.”
Ramos’ neighbors, Lilly Moeding and her husband, proposed to move the hoop farther back from the lot line. City officials determined the new location was sufficient and the hoop was moved five feet away from the property line. However, Ramos challenged the new location as still too close and didn’t meet the requirements set forth by the St. Louis Park zoning code.
City officials ruled against Ramos and upheld that the second location was acceptable. Ramos appealed the ruling, and the city council upheld the second location as well. Ramos has since filed for a temporary injunction in court. Ramos claims that the basketball hoop is a safety hazard if the children were “darting” through her property and would be a nuisance that would interfere with her quiet enjoyment of her property.
What Is a Nuisance?
A nuisance is the unlawful or unreasonable use of property that causes damage to other individuals by preventing them from enjoying their own property. A private nuisance is a substantial and unreasonable interference with another individual’s use or enjoyment of their property by being annoying or obstructive. If a nuisance occurs, a court may order the party who is responsible to stop or limit the activity by issuing an injunction.
A legal injunction is a court order that instructs a party to do or not do certain things. A legal injunction should be sought if you think you may suffer irreparable harm or damage without the injunction. Exact requirements for injunctions may differ between states, but generally, most states require at least the following:
- That the plaintiff has suffered an irreparable injury;
- That remedies available at law, such as monetary damages, are inadequate to compensate for the injury;
- That the remedy in equity is warranted upon consideration of the balance of hardships between the plaintiff and defendant;
- That the permanent injunction being sought would not hurt public interest.
An activity can only be considered a nuisance if it interferes with the property of another. Although Ramos contends that a basketball had traveled on her property twice, along with a child chasing after it, it is unclear that the basketball had actually damaged her property. It hasn’t been reported that a basketball had hit her car or her house, or destroyed any crops, or done any further damage to her property. It is possible that a child could be injured while darting after a ball, but this is purely hypothetical. A child could be injured while playing anything, whether it is basketball, baseball, or any other sport.
Likewise, an activity must be unreasonable to be considered a nuisance. Children playing basketball on their own driveway is not an unusual or unreasonable activity. The hoop was moved five feet to accommodate Ramos’ demands, but the hoop itself never left the property. It would be more accurate to claim that the basketballs are the real issue, but balls rolling around are an inherent part of basketball. The Moeding children have a right to play basketball on their own property, provided it doesn’t interfere with anyone else’s property. It might be better for the neighbors to put up nets around their property rather than remove a basketball hoop and deprive the children of their fun.
Do I Need a Property Lawyer?
Understanding the nuances of local real estate law is often difficult. Complex transactions are best handled by a knowledgeable lawyer that specializes in real estate law. If you are dealing with matters regarding real estate and property law, you should consider hiring a property lawyer for assistance.
