• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Smoke nuisance

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Unhappy

Junior Member
What is the name of your state? Arizona

We bought our house a year ago. Almost every weekend last summer and starting again today our neighbor smokes us out. We have a wall approximately 5 ft between our two properties. He has his barbecue situated against the wall on his side of the wall. He is not barbecuing, in fact I am not sure what he is doing, but from early morning until evening we suffer with clouds of smoke being blown into our yard. Like today, I had to bring in my washing because of the excess of smoke, although from the smell I will have to re-wash. My 3 yrd old was playing in the yard today and came in crying because a cloud of smoke billowed over him, scared him and made his eyes red and watery.

I guess my question is do we have any rights? Is this a smoke nuisance (I think it is) I cannot hang washing in my yard, my 3 and 1 year old cannot be out there and smoke is blowing into our house and we have to keep windows/doors closed so I believe he is encroaching on our rights. I had approached him about another matter. My 1 year old has a disability and his visitors park across our front yard, and when I asked him to ask his visitors to not park in front of our house because we were awaiting a medical supplies delivery he was very sarcastic - at which time my disabled child was only a couple of months old, so I know that someone who can be sarcastic at the expense of a baby with problems is not the approachable reasonable type. I want to call the Sheriff's Dept but I don't know if we are within our rigts to do so. I would also like to know if we could erect something on top of the wall to obscure his view as he enjoys watching over the wall and to hopefull re-direct his smoke back at him. Please can you help/advise?
 


FarmerJ

Senior Member
Contact your city to learn if they have any ordinances regulating recreational fires like SO called BBQs or outdoor fire places and see what they tell you . Other wise there may not be much more you can do .
 
S

seniorjudge

Guest
Q: I would also like to know if we could erect something on top of the wall to obscure his view as he enjoys watching over the wall and to hopefull re-direct his smoke back at him.

A: Excellent idea.
 

SandraB

Junior Member
Wood Smoke a Private Nuisance

I live in Terryville, CT. The laws say if the smoke causes a nuisance it must be put out. The definition of "nuisance" seems to be the issue. The police are supposed to protect the rights of private individuals as well as the public, so why is the word "nuisance" public or private such a issue. Are they just not doing their job? I have a neighbor across the road from me, about 100 feet who burn "campfires" almost non-stop. They occassionally make them put out the fires, but now they seem to be focusing on me, not the problem of the smoke. This has been going on for nearly 5 years. I am considering getting a lawyer and suing the landowner, the town and the people who live with the landowner who are doing the actual burning. I have video tape of them burning. Often they burn at night now so that smoke is not visible. Can you suggest anything-- as I don't want to have to hire a lawyer-- I am not weathly, but if I have to I will liquidate my 401K to take care of this.
 

seniorjudge

Senior Member
I live in Terryville, CT. The laws say if the smoke causes a nuisance it must be put out. The definition of "nuisance" seems to be the issue. The police are supposed to protect the rights of private individuals as well as the public, so why is the word "nuisance" public or private such a issue. Are they just not doing their job? I have a neighbor across the road from me, about 100 feet who burn "campfires" almost non-stop. They occassionally make them put out the fires, but now they seem to be focusing on me, not the problem of the smoke. This has been going on for nearly 5 years. I am considering getting a lawyer and suing the landowner, the town and the people who live with the landowner who are doing the actual burning. I have video tape of them burning. Often they burn at night now so that smoke is not visible. Can you suggest anything-- as I don't want to have to hire a lawyer-- I am not weathly, but if I have to I will liquidate my 401K to take care of this.

Why are you necroposting?

Halloween is over....:rolleyes:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top