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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33416
Experience:  Began practicing law in 1992
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My neighbor makes fires in his driveway every second day and

Resolved Question:

My neighbor makes fires in his driveway every second day and smoke comes to my home where I have pregnant wife and 2 year old baby. I spoke with him, but he told he can do whatever on his property and told me to go away. I called police already twice, last time they told me that it is "legal fire in a legal fireplace". Is there any law which my neighbor breaks letting all this smoke into my windows? Thank you.
Submitted: 6 years ago.
Category: Legal
Expert:  Dwayne B. replied 6 years ago.
There may not be any "laws" he breaks but there is a civil law concept called "nuisance". What it means is that you have the right to enjoy your property but not if it interferes with someone else's use of their property. Under the facts you describe you may be able to get a local judge to grant an injunction against him burning things at a location on his property where the smoke will blow into your house. You stand a better chance of being successful if there is another place he can do it or if there is no reason to be burning.

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