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Law Pro
Law Pro, Attorney
Category: Legal
Satisfied Customers: 24366
Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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Im emailing about A outdoor wood furnace and the smoky it make.It

Customer Question

Im emailing about A outdoor wood furnace and the smoky it make.It kills us and we have to go in side and close our windows.We have call the clean air act and we cant get a thing done.We live in Buckhannon Wva.Maybe you can help us Thank you Linda
Submitted: 6 years ago.
Category: Legal
Expert:  Law Pro replied 6 years ago.

Hopefully I can help. How old in the furnace and when was it purchased? Who bought it and when?

 

Have you called the company back who installed the outdoor furnace? If not, call them back.

 

If they have come back (the people who installed the furnace) and you still don't have satisfaction, then call another company and have them inspect the furnace and it's installation. Go from there.

Customer: replied 6 years ago.

 

Itis the mans next door to us.Im asking if itis something we can do to make him stop burning it.

Expert:  Law Pro replied 6 years ago.

Oh, I didn't realize. I thought it was your furnace. That's a different story.

 

The smoke is a "nuisance". They are neighbors and should be friendly if you talk to them. However, if that's failed or your inferences have fallen on deaf ears. You have a few options:

 

1) contact your local building inspector about the problem and complain

 

2) call the local health department about the problem and complain

 

3) file an action in equity and claim the furnace if a nuisance and ask for an injunction - this is the expensive route - try 1 or 2 first.

Customer: replied 6 years ago.

 

We have try the health dept with no help on this.Everything we have try to do has fallen on deaf ears.But it has got to a place we cant stand it anymore.And on one is helping us.

Expert:  Law Pro replied 6 years ago.
If your complaints are falling on deaf ears then you really have no alternative but to file a suit for injuctive relief - the furnace is a nuisance. It's an expensive proposition with no guarantee of success; however, the neighbor will abosutely know how extreme you feel because he will have to start paying legal fees to defend the action.
Customer: replied 6 years ago.

He is a neighbor that you cant talk too.And to tell you the ture i cant pay legal fees.That is why i try with you all about somethings that maybe we could do.Dose Wva have laws on out door furnace?Or i would like to lnow if their is a web place i could go to to fine out.I thank you for your help.Linda

Expert:  Law Pro replied 6 years ago.

If your neighbor won't listen, the health department won't take action, and the building inspector isn't doing anything - you don't have much choice but to file an injuction action.

 

The only other recommendation I have is to get a big industrial fan and point it at the furnace and then turn it on - maybe the neighbor wouldn't like the smoke themselves.

 

As to the building inspector and the furnace location - is the furnace a proper distance away from the property lines - so many feet away from your property line? How far away is it from the property lines and your house?

Customer: replied 6 years ago.

Well I live in a trailer pk with about almost 60 more trailer.Their is a road between the property line.and that not all he has about 40 to 60 dogs too.in the house and out side.AND A OLD BUILDINGor garage that was burn down about 2 to 4 years a go and old cars that burn that he never clean up.so you can see what we are putting up with here.

Expert:  Law Pro replied 6 years ago.

You might want to get up a petition among all your neighbors as against the furnace guy as to the smoke.

 

You might contact the humane society about all the animals - complain about the number of (there is a maximum number of animals he can have given certain circumstances).

 

There also might be a zoning violation on his part - unless his property is zoned for use as a junk yard, automobile parking lot, etc. - that certainly is actionable if he's not correctly zoned. Complain to your municipality.

 

Complain also to your trailer park owner or management company - they certainly have an interest as to the welfare of the tenants.

Customer: replied 6 years ago.

The trailer pk owner is trying to help out.went i said we that all of us .The people and the owner too.We have a nut as a neighbor and i guess we will have to live with him

Expert:  Law Pro replied 6 years ago.
I can't believe that you can't make his life miserable - call the humane society, call local municipality about all the junk and old autos, call fire department about hazards.
Customer: replied 6 years ago.

 

I have call humane society.and went to see people down twon.But like lots of things they dont do anything . well thanks for your help.Linda

 

Expert:  Law Pro replied 6 years ago.
I see that stuff on TV all the time about the humane society - I guess that's all bunk. Locally the humane society is very active and hard nosed - almost beyond the point. I gues your neighbor's property is zoned for animal breeding or that many animals itself?

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