The neighbor behind us has built a very tall steel jungle gym play set that he placed right in plain view of our backyard and every window on the back side of our house. We have an existing 6' fence, but this structure towers over that. When we saw he was building it, I asked him if he was going to leave it there, he said nope. But he did leave it there. We think he is doing this out of spite, because when he first moved in several years ago, he tried to build a 2 story fort in the same spot, and we asked him to move it. I might add he has the space to move the swing set ten feet and it would be shielded by our existing trees and shrubs. This has ruined our enjoyment of our backyard and invaded our privacy.
A property owner is not required to use his or her property in a manner considered most convenient or desirable to a neighbor. That space exists to locate a play item in a different spot doesn't mean such a spot is the best use of the owner's property by the owner.
It appears the property owner made a voluntary concession previously regarding a tall fort. That would not require the owner to make a similar concession on another play structure.
If you are in an HOA that doesn't permit items to be visible above a standard fence height, that would be one thing. This seems inapplicable however if there is a 2 story fort on the property.
Build an 8-foot fence?
If your development has restrictive covenants that regulate such structures or uses, enforcing those restrictions may provide some relief. Otherwise, if the jungle gym is less than 35 feet tall and situated entirely on your neighbor's lot, and it is not emitting noxious odors or disturbing noises such that it could be deemed a nuisance, the law may not help you.
Other options that come to mind are building a friendly relationship with your neighbor, building a taller fence or adding landscaping to block your view of the jungle gym.
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