Can my neighbor put his dryer vent in my air space?
Mark
I live in New York State.
My neighbor has started putting his dryer vent from his window and it
sticks out into my property. My porch is right underneath this window
and I sit there frequently. When he uses his dryer I have lint landing
on my table plus the air has a bad odor which causes my allergies to
act up.
Can I object? what are my rights.?
One additional question. If the vent stays inside but just the vented
air gets directed into my property can I still object to that ?
What type of lawyer would I need to see?
Thanks.
Tony Smith
>
> My neighbor has started putting his dryer vent from his window and it
> sticks out into my property. My porch is right underneath this window
> and I sit there frequently. When he uses his dryer I have lint landing
> on my table plus the air has a bad odor which causes my allergies to
> act up.
>
> Can I object? what are my rights.?
You most certainly can.
You have the option of:-
Trespass, Nuisance or Personal Injury. A good Torts Lawyer in other
words.
>
> One additional question. If the vent stays inside but just the vented
> air gets directed into my property can I still object to that ?
There is still a causal link, but Trespass probably drops off the list
above
Tony Smith
John A. Weeks III
<mz4...@onebox.com> wrote:
> My neighbor has started putting his dryer vent from his window and it
> sticks out into my property. My porch is right underneath this window
> and I sit there frequently. When he uses his dryer I have lint landing
> on my table plus the air has a bad odor which causes my allergies to
> act up.
Have you tried talking to this person face to face? He might not
even realize what is happening. On the other hand, if he refuses
to consider your point of view, you can explain that you have the
right to erect a large sheet of plywood 1 inch from his window
blocking off his dryer and his veiw.
-john-
--
====================================================================
John A. Weeks III 952-432-2708 jo...@johnweeks.com
Newave Communications http://www.johnweeks.com
====================================================================
TO...@dog-play.com
words:
> Hello,
> I live in New York State.
> My neighbor has started putting his dryer vent from his window and it
> sticks out into my property. My porch is right underneath this window
> and I sit there frequently. When he uses his dryer I have lint landing
> on my table plus the air has a bad odor which causes my allergies to
> act up.
> Can I object? what are my rights.?
Yes, you may object. Whether you may legally enforce that objection I
can't say for certain. However, it is likely that you could enforce your
rights to "quiet enjoyment" of your proerpty without the intrusion of your
neigbor's lint. In such cases "reasonableness" usually comes into play
and that's usually a matter of local custom.
> What type of lawyer would I need to see?
Any local attorney competent in real property law should be competent to
evaluate your case. If you wish to lookinto self-help (always, of course
taking into account the risk of having to live with your mistakes) Look
into some books on "neighbor law" - primarily look at the concepts of
private nuisance, trespass and easements. The do some research into how
to write a "demand letter". SEarching gogle for those phrases should
point you the right direction for the resources, although you may need a
library of real live books to get the full information.
--
Diane Blackman
http://dog-play.com/
http://dogplay.com/Shop/
Paul Cassel
>
[dryer vent intruding into porch area]
>
>> Can I object? what are my rights.?
>
> Yes, you may object. Whether you may legally enforce that objection I
> can't say for certain. However, it is likely that you could enforce
> your rights to "quiet enjoyment" of your proerpty without the
> intrusion of your neigbor's lint.
>
matter where the poster's having his quiet enjoyment rights violated? I'm
unsure even if the ventor were the landlord, quient enjoyement would be
applicable, but I'm awfully unclear how you could apply it with no such
relationship whatsoever. Is this extended to beyond landlord / tenent in NY
State?
-paul
Seth Breidbart
Who said anything about there being a landlord? This looks like two
neighboring owners having a dispute, as far as I can tell.
Seth
TO...@dog-play.com
words:
> Since the landlord isn't the one with the vent intrusion, how is this a
> matter where the poster's having his quiet enjoyment rights violated? I'm
> unsure even if the ventor were the landlord, quient enjoyement would be
> applicable, but I'm awfully unclear how you could apply it with no such
> relationship whatsoever. Is this extended to beyond landlord / tenent in NY
> State?
http://www.techcentralstation.com/072704C.html
"Nuisance is a longstanding common law cause of action that can be brought
against environmental polluters. In one of the earliest nuisance cases, a
landowner brought suit against his neighbor who owned a pig farm. The
noise and odors of the operation infringed upon the landowner's right to
the peaceable enjoyment of his own property and was declared a nuisance by
the court. Therefore the pig farmer was required to clean up his
operations or move somewhere else. Since then, the law of private nuisance
has proven quite effective at addressing many pollution concerns,
particularly where one landowner engages in polluting activity that harms
the property of his neighbor."
Note I'm not comparing the two situations only using the quote to
establish that the right of quiet enjoyment can give rise to a cause of
action outside a landlord tenant relationship.
See also
http://www.rivkinradler.com/rivkinradler/Publications/newformat/200204centola.shtml
http://www.compuserb.com/svpdcop1/nuisblaw.txt
http://concise.britannica.com/ebc/article?eu=399054
http://www.tourolaw.edu/2ndcircuit/may96/95-77391.html