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Old 03-16-2015, 07:05 AM
 
59,053 posts, read 27,306,837 times
Reputation: 14282

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Quote:
Originally Posted by Quick Enough View Post
"If you've got a shared wall with a hole in it, I can see how the neighbors would have a problem."

Which means the suing neighbor has a hole in THEIR side of the wall.

Remember this is old, probably some type of concrete wall.

Let's say it is 6 inches thick.

Each owner should be responsible for THEIR 3 inches.
Quote:
Originally Posted by TexasReb View Post
Ok. I read it. Now on which side do you stand, and why?
" Now on which side do you stand, and why?'

I have stated MY position MANY times.
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Old 03-16-2015, 07:28 AM
 
16,212 posts, read 10,823,172 times
Reputation: 8442
Quote:
Originally Posted by MattCW View Post
Last I checked, cooking smells weren't a health risk.
Just wanted to add, some cooking smells are a health risk. My sister has a severe allergic reaction to fish and if she smells it her throat closes up and it can trigger a severe reaction for her.
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Old 03-16-2015, 09:36 AM
 
32,025 posts, read 36,788,671 times
Reputation: 13306
Quote:
Originally Posted by Quick Enough View Post
"If you've got a shared wall with a hole in it, I can see how the neighbors would have a problem."

Which means the suing neighbor has a hole in THEIR side of the wall.

Remenber this is old, probably some type of concrete wall.

Let's say it is 6 inches thick.

Each owner should be responsible for THEIR 3 inches.
Could be, I can't tell from the news article.
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Old 03-16-2015, 11:11 AM
 
59,053 posts, read 27,306,837 times
Reputation: 14282
Quote:
Originally Posted by legalsea View Post
We must not be carried away by this story. It was one Superior Court (i.e., low ranking trial court) ordering a temporary injunction.

It appears that this is not a separate house, but a housing complex (see photo of 'house'):

Man banned from smoking inside his home after neighbors file lawsuit complaining about the smell* | Daily Mail Online

The plaintiffs (who sued after mediation failed) are suing for $500,000.00. Good luck with that.

Ignore the 'precedent' setting claim of the OP's original link. Temporary injunctions do not have precedent value. It is 'temporary' (usually 10 days or so, depending on jurisdiction).
"smoke sneaking in from the HOLE IN THE BASEMENT"
Quote:
Originally Posted by arjay57 View Post
Could be, I can't tell from the news article.
"I can't tell from the news article"

Did you look at the attached video?

The injunction says, ""smoke sneaking in from the HOLE IN THE BASEMENT"

The neighbors doing the suing have said, "If patches the holes all would be OK."

"
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Old 03-16-2015, 03:32 PM
 
10,239 posts, read 19,608,184 times
Reputation: 5943
Bottom line is this:

If the domain belong to the person who buys it, then they control it. I don't see any other alternative. If there is one, then what is it?
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Old 03-16-2015, 05:10 PM
 
59,053 posts, read 27,306,837 times
Reputation: 14282
Quote:
Originally Posted by TexasReb View Post
Bottom line is this:

If the domain belong to the person who buys it, then they control it. I don't see any other alternative. If there is one, then what is it?
i don't understand "If the domain belong to the person who buys it,"means and how it applies here.

The building SHARE a Wall which divides the 2 houses. They EACH OWN half of the wall.
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Old 03-16-2015, 10:07 PM
 
10,239 posts, read 19,608,184 times
Reputation: 5943
Quote:
=Quick Enough;38841493]i don't understand "If the domain belong to the person who buys it,"means and how it applies here.

The building SHARE a Wall which divides the 2 houses. They EACH OWN half of the wall.
Ok. Which half belongs to which?
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Old 03-16-2015, 11:18 PM
 
13,303 posts, read 7,870,141 times
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Quote:
Originally Posted by TexasReb View Post
Ok. Which half belongs to which?
Proximity is nine points of the law.
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Old 03-17-2015, 02:49 AM
 
10,239 posts, read 19,608,184 times
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Quote:
=Hyperthetic;38845004]Proximity is nine points of the law.
Huh? Quote that from a penal code, not from urban legend.
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Old 03-17-2015, 05:12 PM
 
13,303 posts, read 7,870,141 times
Reputation: 2144
Quote:
Originally Posted by TexasReb View Post
Huh? Quote that from a penal code, not from urban legend.
You've heard of "common law"?

Try common sense law.

Most law ties directly or indirectly to common sense.

Proximity relates to possession, as you cannot be responsible for, or control, that which you cannot reasonably or rightfully access.

https://en.wikipedia.org/wiki/Common_sense
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