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?
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?