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I mean, it's kind of up to you to keep the outdoors outdoors and not indoors. You shouldn't be able to smell smells or feel the heat or cold or hear noises (unless it's a loud party at 2:00 a.m., and there are already rules against that). If that means plugging holes and gaps or adding more insulation or replacing old windows or whatever, that's on you. Do you honestly believe you can tell your neighbor he's not allowed to burn wood in his fireplace or stove? I'm assuming you've consulted code enforcement and possibly even the police. Have you consulted an attorney? If so, what have they told you? Maybe hire an air quality specialist. And report back!
Again, I already stated we have done all that. Windows, doors, multiple air tests, $12,000
Project of adding insulation and sealing our attic. Plus we out insulated siding on the house. Replaced the roof, including the plywood. I even replaced the old brick on the front of the house with new stone. Didn’t help at all.
I just turned it over to the health department. My next step is going to be an attorney because it appears that nuisance laws cover it.
What ever happened when you reported it to the local environmental office two years ago?
Quote:
Originally Posted by LowonLuck
In doing some research, if someone has health issues that the smoke aggravates, I can report them and they would have to stop burning the fireplace. I am calling our local environmental office tomorrow to report them
I'm also curious as to when it went from a 'smoke smell' to a 'smoke filled' house? I'm with others who say that if your house is actually filling with smoke then there is something wrong with your house.
What ever happened when you reported it to the local environmental office two years ago?
I'm also curious as to when it went from a 'smoke smell' to a 'smoke filled' house? I'm with others who say that if your house is actually filling with smoke then there is something wrong with your house.
My husband convinced me to let it go at that time. It’s actually gotten worse because they are using it a lot more to heat their house. He likes the neighbor and doesn’t want a feud but I have given it a honest effort to work with them to resolve it and they have now thrown their hands up with “don’t know what to tell you”.
There is nothing wrong with our house, except it sits down in a valley lower than the neighbors. The wind blows towards our house all the time. I can’t change that. I have done every other suggestion.
He has no idea what is causing it but it’s how he wants to heat his house.
He has a standard bi level. My house sits much lower in the valley. We each have over 2 acres. There has to be a good 25 yards better houses.
He states he had his chimney cleaned and inspected this year. His chimne is no more that 3 ft off his roof.
No other neighbors burn wood and we have timed it so close that when he adds wood, our house fills with smoke within 5 minutes.
We have two electric heat pumps and a propane fireplace insert.we only use the fireplace when we sit in the family room, which isn’t often. Nothing wood and rarely even light candles.
I am still paying a lofty bill to remodel the house With the hope this would have ended. I am out of money to throw at it. Suing civilly is really my only option at this point.
Sorry to say but your money better spent paying your neighbor’s heating bill - and if you ask him kindly to let you - and if he agrees - so he wouldn’t burn wood.
Attorney is expensive and you live in a rural area - where a lot of people choose to live because they like or need to burn wood for heating.
The solution is unusual, that is for sure.
How could you prove that your house “filled” with smoke?
Do you have any businesses who could measure “the smoke” inside your house and prove that it is above air standards? To prove that the smell you sensing is coming from your neighbor’s chimney.
That it isn’t in your head…
To act as your expert witness in court?
Expert witnesses are expensive as well.. what if they are not able to detect anything? You will be out of money before it starts…
Your neighbor has rights.
You are trying to make him relinquish his right to enjoy his property.
In rural areas one needs to be nice to your neighbors - poor peace is better than a good all out war.
One way or the other you will lose.
Not easy to live in a hostile rural environment- things happen…
If you have issues - you have to solve it in your house, your property.
It isn’t your neighbors fault that you are inconvenienced.
You should re-consider your actions - look into air purifiers, ozone machines, etc
Sorry to say but your money better spent paying your neighbor’s heating bill - and if you ask him kindly to let you - and if he agrees - so he wouldn’t burn wood.
Attorney is expensive and you live in a rural area - where a lot of people choose to live because they like or need to burn wood for heating.
The solution is unusual, that is for sure.
How could you prove that your house “filled” with smoke?
Do you have any businesses who could measure “the smoke” inside your house and prove that it is above air standards? To act as your expert witness in court?
They are expensive as well..
Your neighbor has rights.
You are trying to make him relinquish his right to enjoy his property.
In rural areas one needs to be nice to your neighbors - poor peace is better than a good all out war.
One way or the other you will lose.
If you have issues - you have to solve it in your house, your property.
It isn’t your neighbors fault that you are inconvenienced.
You should re-consider your actions
Good luck.
I already pay $800 a month to heat my own house. I have owned this house longer than they have been here. I can’t continue to suffer health wise so they can burn wood. The neighbor also makes twice what I do. He can afford to heat his house in a cleaner way.
Yes there are companies that measure air quality. I also have lots of video of the neighbors chimney smoking, our house filled, texts from the neighbor telling me that he added wood and me letting them know when the house is smoky. The neighbor has witnessed it with his own eyes, a long with a dozen more individuals including other neighbors. The health department is also going to investigate it this week. I am currently sitting in my house with a sore throat from the smoke in my throat. I haven’t been outside at all.
I tried working with the neighbor all of last winter and the last 2 months. I am. Is going to bring in the big guns to resolve it because want to healthily live in my house.
We have hundreds of dollars in purifiers both in room and the hvac system. They have done nothing to help. They run 24/7.
Call the fire dep and report a fire...After you call them 10 or more time the issue will be solved.. The fire department MUST respond every time you report a fire
I already pay $800 a month to heat my own house. I have owned this house longer than they have been here. I can’t continue to suffer health wise so they can burn wood. The neighbor also makes twice what I do. He can afford to heat his house in a cleaner way.
I tried working with the neighbor all of last winter and the last 2 months. I am. Is going to bring in the big guns to resolve it because want to healthily live in my house.
You don't seem to understand that how your neighbor chooses to heat his house is not. your. call. I can't wait to hear how this ends!
Call the fire dep and report a fire...After you call them 10 or more time the issue will be solved.. The fire department MUST respond every time you report a fire
They have come out before. When it first started happening, I did call thinking the house was on fire. They came and investigated. They saw the smoke as well.
You don't seem to understand that how your neighbor chooses to heat his house is not. your. call. I can't wait to hear how this ends!
His right to hear his house with wood isn’t more important than my right to breath. It’s a nuisance at this time. I have gone to great lengths to seal our house, and prevent the smoke from coming in.
It’s now needs to be on him to figure out how to not have plumes of smoke coming out of his chimney. If it takes the threat of a lawsuit, so be it.
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