Legal Question in Real Estate Law in Maryland

Portable Basketball Net

I am a Baltimore co. resident and I live on a public road. I want to put a portable basketball net outside for my kids to play with. My doctor has ordered me to have some type of cardiovascular activity. What are the codes or laws governing this on a public road? I live in a Townhouse with no private driveway. I see them everywhere I go.


Asked on 2/13/02, 10:05 am

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Portable Basketball Net

Just because you happen to see portable basketball nets

everywhere you go, this does not mean that the nets are

there legal or proper. Drivers speed all the time but this, of itself,

will not relieve you of the penalty of a speeding ticket.

The first area of contention may come from your neighbors. Complaints may be made (I have experience

with this) and then the homeowner's association will be involved.

The Articles of Incorporation (i.e., the Declaration) and Bylaws of

the homeowner's association will dictate over this matter. Additional aspects

of any contention at this point is whether the Association is properly

interpreting the legal documents, and implementing the conditions and restrictions

in accordance with law.

Another point of contention can derive from a neighbor making a complaint to the police or a public official

noticing the net. Where the net is placed on a public road, the police have authority to cite the owner for

its removal as it is a hinderance to traffic and creates a danger to drivers and users of the net. Public use of

roads and related statutes would preside over this matter.

Local zoning law and regulation may apply.

Certainly seek to get the exercise you need to improve your

heart condition. However, placing a net where you are planning

may bring contention and a significant amount of stress, both of

which are something that someone with a heart condition should avoid.

Please contact me if you should need assistance with this or other

legal matters.

G. Joseph Holthaus

(410) 799-9002

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Answered on 2/13/02, 10:31 am


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