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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5422
Experience:  Dip Law LPAB - Sydney based lawyer
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can i take persons to court over car fumes coming into the

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can i take persons to court over car fumes coming into the cabin i live in, even though he was told to park the car the other way.
Hello and thank you for your question.

If you are an owner or tenant of cabin then you are generally entitled to the quiet enjoyment of the property and if your neighbours, or other people are unreasonably interfering with your enjoyment then you can indeed take legal action to either have them stop their misconduct or to sue them for damages.

Whether you succeed or not will depend on why the car fumes are coming into your cabin, whether he is using or parking his car in a way which is unreasonable because of its potential impact on you, and whether or not you are taking reasonable steps to minimise the impact of his car. Cases of this sort can be quite subjective, so if he is simply parking his car in a car space, on land authorised by planning law for that purpose, and there is no other sensible alternative parking place, then it may be that a court will find in his favour if it thinks he is acting reasonably.

On the other hand if he is revving his engine in a way which is unreasonably creating fumes just outside your property or near your windows the court may find in your favour.

If possible, I would suggest that you start video recording these instances which are causing problems, so that you can show where the car is being parked, and whether the driver is being unreasonable in the way and where he parks his car. You should then consider engaging a lawyer to consider the evidence you have with a view to taking legal action to force your neighbour to cease the offending conduct.

I trust the above assists.

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Thanks and good luck,

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