Obnoxious neighbors

[Handyman]

Need some advice folks before someone snap and does something that might regret later.

I live in a neighborhood that is relatively new, 8.5 yrs old. All newly built spec homes.
Me and one other neighbor are the first two original settlers here, building our own homes and settling here.

The problem is, Some new people have just moved in next door to me that has turned their 5 acres into a motocross track... 4 kids, 5 dirt bikes, oh and we can't forget the 3 pitbulls too.

This was a quiet neighborhood, you could sit on your back porch day or night in peace, now we have to contend with this white trash that has absolutely no regards to anyone here.
I cannot begin to describe the noise and dust created by these morons.
Luckily for me, the breeze blows from the west most time and the dust goes away from me, but sometimes it comes from the southeast which directs it towards my house.

As it stands, 3 of us are getting together and discussing hiring an attorney and taking these people to court.

Are we waisting our time ?
Other than the noise... can we go after them for environmental issues...
Something needs to be done because ONE OF US IS GOING TO SNAP if this doesn't get resolved soon and permanently.

These people are quite aware of the trouble they are causing and don't care. In fact they were for the most part run out of their last neighborhood. But I'm thinking they were in the neighboring county which has more restriction then the county I'm in.

Any input as which direction to pursue this would greatly be appreciated.

[Pat]

If you don't have restrictions it makes it harder. Check the zoning and any noise laws, including DMV regs regarding mufflers if the bikes are registered. With no restrictions on the books for the state or county you have a much harder task. If there are no CC&R protections or the like or any of the above, just what were you going to do in court? You need grounds for a suit besides you aren't happy.

Are the miscreants surrounded on 2, 3, or 4 sides my unhappy people? Do some of these unhappy people have the guts to fight fire with fire? I do not recommend confrontation or personal arguments. I do recommend getting the advice of a lawyer but keep in mind they make their money by spending as much of yours for as long as they can. IF there is noting left but personal actions on the part of the neighbors surrounding the bozos AND if you can gain their support, preferably 100% of them then you can play the same game as the bozos.

If everyone were to equip themselves with an inexpensive but LOUD internal combustion engine, say a used lawnmower with the muffler replaced with a long straight piece of pipe which you aim at the neighbors house and run it all through the night and every day when the neighbors are in the house (could be trying to sleep.) When the Gov wants to "smoke" someone out of a barricade situation they use loud music which you could also conisder but that could be construed as disturnbing the peace.

If there are disturbing the peace statutes that give you leverage to shut down the motocross track, use them. If not then you can make about as much noise for as long as you want with no recourse for the neighbor. I have a 100+dB air horn that will wake the dead. Air horns and loud aftermarked car horns are relatively cheap and with a bit of DIY ingenuity you should be able to rig one on those random light switches that simulate occupancy to blow the horns at random all night.

Clearly all the neighbors need to be in agreement that it is worth it to them or you will be as welcome as the bozos.

If you need any assistance with wiring or the like, let me know and I will sketch you some diagrams.

After 6 years with the absolutely worst nut case gun crazed bozo in the world for a neighbor I sympathesize with you. My neighbor recently stuck one of his guns in his mouth and did the community a favor. You should be so lucky.

Patrick

[Handyman]

The 3 of us that want this to stop surround this bozo. The only one that hasn't been contacted is the one in the rear of him, but as pristine as he keeps his house.. I suspect it won't be long before he begins complaining about the dust and dirt and noise as well since the track is about 200' from his house as well.
There are two others that are more than willing to sign a petition but are not financially in a position to help otherwise.

[Pooh_Bear]

I just noticed you live in Tennessee.
Me too.

I say you and the other neighbors all chip in and buy 100 pounds of roofing tacks.
Then sneak over there one night and spread them all over their dirt track.

You want something to rival the sound of their dogs?
Get some pet peacocks. Nothing beats that sound.

Get your other neighbors together and have a VERY LOUD block party.
Don't invite the obnoxious neighbors. Do this once per week.
They will soon get the idea. Be rude to them too.

Let them know they are not welcome in your neighborhood.
Not as long as they continue to be a problem.

Pooh Bear

[Pat]

Sad situation. IF There are no laws in place then you might find out the track and the noise and dirt are legal and your legal alternatives are limited to legal retaliation or moving away.

For example: Where I live if you are more than 50 feet from the highway and in an unincorporated area AKA out in the country) you can shoot any legal guns irrespective of how noisy 24-7 and if neighbors don't like it, too bad for them. I know, I was on the receiving end of all the noise but respect that with freedom's lack of regimentation comes the other side of the coin, all your neighbors have freedom too.

I hope you find a legal solution but it just might be that there is noting to restrict his land use. If that is the case then perhaps fighting noise with noise may be one of the few legal meqans of bringing the bozo to the bargaining table. Maybe all you disgruntled neighbors should buy him out and resel the place to a better potential neighbor. You can place land use restrictions on the deed. While you are at it maybe you could form an association and voluntarily place irrevocable restrictioins on all your properties to prevent future problems if somone sells to a bozo.

I am preparing to sell a house that is on my property about a quarter mile from my house and I realize that no matter who buys it and how wonderful they are there is nothing to keep them from selliing to the cousin of your racetrack manager for the purpose of installing a combinatiion stockcar and motocross track and a shooting range and a hog farm.

I can place restrictionis on the land use within legal bounds but the more restrictioins you put on like no move on houses, no trailers, no business with customers coming to the property, no more than 3 dogs, no more than 1 horse per acre, and on and on but the more restrictions you put on a property the less folks are interested. Funny, but someone who would never do any of the things you don't want will still balk at having their ability to do them abriged.

Again, I hope you find a legal means of solving the problem.

[img]/forums/images/icons/smile.gif[/img] Pat [img]/forums/images/icons/smile.gif[/img]

[egon]

The Kids grow up and move away. The dogs get old and pass over.

Patience. [img]/forums/images/icons/grin.gif[/img]

Egon [img]/forums/images/icons/grin.gif[/img]

[gsganzer]

If they're not complete knuckleheads, try to have a talk with them. Maybe you can reach an agreement on what are acceptable hours to make noise.

I remember as a kid, my folks wouldn't let me mow the grass around dinner time out of courtesy for the neighbors. Maybe these folks don't realize that others aren't finding things so enjoyable and relaxing.

[Pat]

Civility may not have died along with chivalry but it started coughing up blood at least 10 years ago.

Rural Oklahoma is still friendlier than the cities and at least 10 years or so behind California in becoming impersonal and totally self centered.

To expect just talking to the bozos to effect an instant magic cure would be to assume 1. they care about anyone else and no evidence was offered in that direction or 2. that they are totally naive and unaware that their noise and dust don't immediately stop at their property line.

Still it is a good idea to give it a try, who knows, a miracle might happen and then when it doesn't the rest of the neighborhood will feel better about whatever the next step is knowing that an attempt was made for a friendly resolution.

Attempts to talk civily and negotiate a possible compromise, even if they fail, can rack up points for your side should a judge be involved later. Judges have a tendency to appreciate it when someone is trying to achieve a fair and reasonable conflict resolution and not be as sympathetic toward any parties who refuse to even discuss the issues in a civil manner.

Pat

[Adron]

Take along one of the good neighbors when you go callin'. Just one, no need to seem as if you are trying to intimidate.

[Handyman]

Thanks guys, but this knocklehead was run out of the last neighborhood he was in because of these same problems.
No, he knows exactly what he's doing and he thinks because we live in what is considered a rual county, he can do as he pleases and make us like it... [img]/forums/images/icons/crazy.gif[/img]

So let me give y'all a little update as where things are right now....

According to my neighbors... I'm the man... the hero [img]/forums/images/icons/ooo.gif[/img] [img]/forums/images/icons/cool.gif[/img]
After a couple fustrating evenings searching for any type of zoning, enviromental laws on the net... I decided to call the Land Use Management people and they informed me that there wasn't anything on the books, but it was a civil matter.

This dept has had 3 people visit him and had other inquires in the last couple weeks. It was none of us, so I'm thinking it is people outside the neighborhood that live in the mobilehome community....

Sooooooo I dug up my Land Deed Restriction paper and there it was.... [img]/forums/images/icons/shocked.gif[/img]
Line 5 first sentence..... NO Obnoxious noise or Obnoxious activity is allowed.... No Obnoxious activity that will disturb the nehborhood will be allowed.

We have this silly SOB nailed and he don't know it... [img]/forums/images/icons/wink.gif[/img]
My other neighbor has shown the deed restriction to an attorney and was informed that we have what we need to send this guy packing.

I've suggested that we send them a letter that we can and will sue for for attorney fees, court cousts and punitive damages.... Let's face it. Who the hell is going to want to live next to a motocross tract ?
I figure that our property value has dropped a good $20-$30K because of this bozo...
Then you have the "WALL" of dust and dirt that are just covering our houses that will need washing.
Hell, I had company last weekend and I had to house down all the patio furniture, 300 sq feet of decking and the back of the house as well as clean the grill...

No sorry, I'm not usually this way, but this guy knows exactly what he's doing and thinks that we are gonna have to learn to like it.... Not going to happen, we all have been here for yrs enjoying the peace and quiet and the wild life.

I would like to find out who the property insurers are... I wonder what their reaction would be to having to insure property that has a moto cross track on it where people from outside the neighborhood has been coming over and the three pitbulls that reside there... [img]/forums/images/icons/wink.gif[/img]

I heard one of the family members ask the other day in a voice, 250 yds away OVER the dirt bike noice.... Are you keeping the neighbors happy ? [img]/forums/images/icons/confused.gif[/img]