Dear Honda,

It is ok to ride the three wheeler on your property despite the raising of the dust, and despite your neighbors protests.

But then, perhaps your neighbor has asthma or an allergy to dust, and the dust is making it hard for him or her to live. What is wrong with being a courtious and good neighbor. If the property is that large, perhaps there is another place you can ride.

Your neighbor can go to court and ask for an injunciton against this behavior until you can go to court to resolve it. It is possible that the courts could order you to not ride the three wheeler on the property, as it is a health hazhard to others.

Judges and courts, every day, are making decisions to order accomodation for neighbors concerning:

1. Loud noises
2. Barking Dogs
3. Traffic problems
4. etc.

I am not sure you are famliar with it, but there is a guy in California that had a super christmas display. It was so radical that it created traffic problems and kept neighbors awake. The judge ruled that he had only certain hours in which he could display, and if the traffic reached a certain point or there was a traffic accident, he had to discontinue the display. Guess what, he discontinued the display because of a traffic accident.

The issue here is, that even though you have the legal right now, why would you put yourself in a position where your otherwise good neighbor will be foreced to seek legal relief, and your actions will be judged by someone you don't know or a jury of your peers.

The other thing to think about is that judges often think about the moral implications in some of these issues. For example, what lesson are you teaching your kids? That they can do what ever they want and ignor the pain and suffering of others, as long as they are having fun. Not sure this is the message you are wanting to send to your children. I believe a judge would be thinking the same thing.

How different will it be between you and your neigbor, what lesson will it teach your children if instead:

1. You went to your neighbor to apologize....:I apologize neighbor, I hadn't realized that you had a health problem with the dust". I really do not mean to cause you discomfort. Can you help me out here. I need a place to allow the children to ride.

You an explore with your neighbor locations or even times of the day that would not be a problem. Perhaps there are days in which she may not be home. Being flexable with your schedule will help your neigbor and she will be very appreciative.

Perhaps there is a dirt track nearby that you can use, that is not so close as to cause a nusance with your neigbor.

SUMMARY:

You can legally continue to do what you are doing. However it will not make good neigbors. When your activities are preceived as a nusance or health issue to others, that is when the legal problems will start.