Pennsylvania Private Nuisance
Rural western Pennsylvania Bought 6 acre property zoned residential in a non HOA area within a fairly rural area. Neighboring property’s are residential and farms from 1/2 acre to 20 acres.
Adjacent property owner, also in residential zoning, decided to build 2 pickleball courts on his property and open it up to the public for use similar to a town park I would say. By right recreational use is permitted in our residential zoning class.
These courts have begun to see more and more use as the summer and fall went by even attracting a small tournament or 2. We are able to hear the noise of ball and paddles as well as the yelling that typically goes along with sports of this type which include, on occasion, foul language from our property and specifically our deck where we enjoy sitting outside. Side note we both work from home and use the deck as the weather permits during the day and evening hours for work as well as dining.
The court is unsupervised by the property owner and on occasion there is drinking, loud music and we have witnessed a few using the woods line as a toilet.
We have tried addressing this with the property owner directly by discussing our issues with him both orally and written however nothing has been done to correct the behavior.
Reluctantly my husband and I are discussing hiring an attorney and suing for our inability to enjoy our property as intended and would use the private nuisance as our justification.
We have lived here 9 years and these courts were built 2 years ago so we did not come to the nuisance.
Has anyone had a similar experience that involved an attorney, court or an alternative remedy?
Any advice is appreciated.
Thanks.
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