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Loss of enjoyment of property

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Tina F.

Junior Member
What is the name of your state (only U.S. law)? Michigan


This is a long story, but I will try to keep it short and will answer any questions if I leave something out.

We have a neighbor that has an outdoor wood boiler. Outdoor wood boilers have been researched to show that they produce as much smoke as 24 in-home wood stoves - and from what I see come out of it, I believe it.

He placed it in an area that is fairly close to our property line and in direct line with my horse barn and pasture. Due to the wind direction, the smoke is very often on my property, in my barn, in my pasture, and will also come into my enclosed front porch and sometimes into my home.

Due to the amount of time that I am outside doing chores and spending time with the horses - and when my husband has to remove snow - we are often made sick and very inconvenienced by this problem.

I also worry about the health of my horses who have to stand out there for even longer than we are outside.

Also, the property that is adjacent to the wood boiler has basically become useless to us. We had planned to use that property, but now realize that building anything there would not be a wise thing to do as his smoke would enter that as well.

We are just wondering if there is anything we can do to make him stop ruining our use of our property and - I believe - lowering our property values.

Thank you,
Tina
 


tranquility

Senior Member
The term is nuisance. It certainly sounds as though you have a chance to get the court to force the neighbor to abate the nuisance. See an attorney as such suits can get technical.
 

154NH773

Senior Member
Have you checked into your State and local laws regarding these types of boilers. In my state, they must be placed a set distance from property lines and neighboring dwellings. They must now be installed with a device to reduce the smoke.
If the installation predates the law they may be grandfathered, but the law might enhance your claims as a nuisance.
 

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