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Tennis Court Trouble (Real Estate & Property Law)

Sun, 09 Oct 2005 03:31:00 GMT

What is the name of your state? UT
My husband and I bought a house last year and we have a half-acre. The problem is that when the house was built in the 60's, I guess it was built by
a large family (or some very close friends) that shared two houses side-by side. (ours and our next-door neighbors, of course) They shared the back yards too because there is a full-size tennis court plopped sideways across the two yards. The net line is almost directly on the property line.
Well my husband and I don't play tennis, and the court along with the rest of the back yard has been neglected for years by all appearances. It was surrounded by a huge, tall fence that essentially cut our half acre yard in half. We tore down the fence this spring and have been making headway in preparing to put a fence up on our property line, smack across the tennis court, then tear our half of the huge concrete pad out and actually enjoy a normal-looking back yard.
We plan on being here for many years, and besides issues of privacy, there are eleven children that terrorize our two, dogs that run free, and many other points pushing us to build a fence.
Today, our neighbor came over and told us a couple of interesting things. One that they are not the property owners (as we had always assumed) and two, that their landlord was not happy about our plan to build a fence. He started giving me some song and dance about property laws and "common areas" that just didn't sound right to me. I don't think that the tennis court qualifies as a "common area" - it's most certainly not a "right of way" and I think we are perfectly justified to do what we like with our own land.
I'd appreciate any guidance or comments on this issue.
Thank you in advance for your time!

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  • Comments
  • Sun, 09 Oct 2005 16:05:00 GMT(1)
  • And be sure to have a surveyor place the fence lines so there can be no dispute about proper placement..
  • Sun, 09 Oct 2005 08:36:00 GMT(2)
  • Unless you are in a HOA or other community governed by a Home owner's association, tell the neighbor to bite rocks. But do NOT touch the tennis court until you've sued for tresspass with a motion to tax the homeowner with costs of removing the tennis court.
  • Mon, 10 Oct 2005 17:30:00 GMT(3)
  • All u gotta do is get good at tennis and challenge your neighbors to a friendly game winner takes all!
  • Sun, 09 Oct 2005 13:56:00 GMT(4)
  • Quote:

    Originally Posted by BlueHeron

    What is the name of your state? UT
    My husband and I bought a house last year and we have a half-acre. The problem is that when the house was built in the 60's, I guess it was built by
    a large family (or some very close friends) that shared two houses side-by side. (ours and our next-door neighbors, of course) They shared the back yards too because there is a full-size tennis court plopped sideways across the two yards. The net line is almost directly on the property line.
    Well my husband and I don't play tennis, and the court along with the rest of the back yard has been neglected for years by all appearances. It was surrounded by a huge, tall fence that essentially cut our half acre yard in half. We tore down the fence this spring and have been making headway in preparing to put a fence up on our property line, smack across the tennis court, then tear our half of the huge concrete pad out and actually enjoy a normal-looking back yard.
    We plan on being here for many years, and besides issues of privacy, there are eleven children that terrorize our two, dogs that run free, and many other points pushing us to build a fence.
    Today, our neighbor came over and told us a couple of interesting things. One that they are not the property owners (as we had always assumed) and two, that their landlord was not happy about our plan to build a fence. He started giving me some song and dance about property laws and "common areas" that just didn't sound right to me. I don't think that the tennis court qualifies as a "common area" - it's most certainly not a "right of way" and I think we are perfectly justified to do what we like with our own land.
    I'd appreciate any guidance or comments on this issue.
    Thank you in advance for your time!


    **A: aend the neighbor owner a copy of your recent survey.
  • Mon, 10 Oct 2005 00:23:00 GMT(5)
  • Thank you everyone for your advice and support. I will be contacting both a
    surveyor and our attorney this week.
  • Leave a Comment Now.

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