Neighbor's chimney smoke invasive

Our next-door neighbors have a wood stove that is their primary heating system. My family is the victim of their invasive smoke. Full Story

“America & LEGAL Americans 1st”

Since: Aug 08

Chatsworth

#26 Jan 4, 2010
obamessiah wrote:
<quoted text>
"You know absolutely nothing about personal property rights."
That was your valid argument? In that case, good day
You obviously haven't been up on your reading. Chew on this Bucko.

http://definitions.uslegal.com/q/quiet-enjoym...
Nicole Gayner

Whittier, CA

#27 Jan 4, 2010
West Valley Dave Smith wrote:
<quoted text>
You obviously haven't been up on your reading. Chew on this Bucko.
http://definitions.uslegal.com/q/quiet-enjoym...
You have to wonder if the chimney is up to code. You have to have so much clearance and factor in the pitch of the roof. If that doesn't work, work to change the rules. Good neighbors don't want to smoke their neighbors out.
Bruce

Azusa, CA

#28 Jan 4, 2010
Nicole Gayner wrote:
<quoted text>
You have to wonder if the chimney is up to code. You have to have so much clearance and factor in the pitch of the roof. If that doesn't work, work to change the rules. Good neighbors don't want to smoke their neighbors out.
I wanna get smoked out.
Bruce

Azusa, CA

#29 Jan 4, 2010
Q. How many crybabies can fit on one forum.
A. All of them.
Nicole Gayner

Whittier, CA

#30 Jan 4, 2010
Bruce wrote:
<quoted text>
I wanna get smoked out.
I thought you didn't smoke? Hmmmm........

Since: Jun 09

San Diego, CA

#31 Jan 4, 2010
West Valley Dave Smith wrote:
<quoted text>
You obviously haven't been up on your reading. Chew on this Bucko.
http://definitions.uslegal.com/q/quiet-enjoym...
I chewed, I swallowed, I $hit, and there was your argument.....

Quiet enjoyment refers to the right of an occupant of real property, particularly of a residence, to enjoy and use premises in peace and without interference. Quiet enjoyment is often an implied condition in a lease. "Quiet" is not restricted to an absence of noise; it has been interpreted as "uninterrupted". A tenant's remedies for breach of his/her quiet enjoyment are damages and injunction.

Quiet enjoyment is a common law concept, which case law has given its definition. Even without rising to the level of a constructive eviction and requiring the tenant to vacate the premises, such interferences may deprive the tenant of expectations under the lease and reduce the value of the lease, requiring an award of compensatory damages. Moreover, under modern business conditions, there is no reason why a lessee, after establishing itself on the leased premises, should be forced to await eviction by the lessor or surrender the premises, often at great loss, before claiming a breach of the covenant for interference with the use and possession of the premises that doesn't rise to the level of a total eviction.

How does that have anything to do with chimney smoke?

“America & LEGAL Americans 1st”

Since: Aug 08

Chatsworth

#32 Jan 4, 2010
obamessiah wrote:
<quoted text>
I chewed, I swallowed, I ****, and there was your argument.....
Quiet enjoyment refers to the right of an occupant of real property, particularly of a residence, to enjoy and use premises in peace and without interference. Quiet enjoyment is often an implied condition in a lease. "Quiet" is not restricted to an absence of noise; it has been interpreted as "uninterrupted". A tenant's remedies for breach of his/her quiet enjoyment are damages and injunction.
Quiet enjoyment is a common law concept, which case law has given its definition. Even without rising to the level of a constructive eviction and requiring the tenant to vacate the premises, such interferences may deprive the tenant of expectations under the lease and reduce the value of the lease, requiring an award of compensatory damages. Moreover, under modern business conditions, there is no reason why a lessee, after establishing itself on the leased premises, should be forced to await eviction by the lessor or surrender the premises, often at great loss, before claiming a breach of the covenant for interference with the use and possession of the premises that doesn't rise to the level of a total eviction.
How does that have anything to do with chimney smoke?
At least you can copy and paste. Good boy. But iff you can't figure it out I can't help you. I'm done. Have someone else try to teach you next time. For this class you get an F. Don't bother responding back because you are no longer worth any of my time.

Since: Jun 09

San Diego, CA

#33 Jan 4, 2010
West Valley Dave Smith wrote:
<quoted text>
At least you can copy and paste. Good boy. But iff you can't figure it out I can't help you. I'm done. Have someone else try to teach you next time. For this class you get an F. Don't bother responding back because you are no longer worth any of my time.
Hope you are not a teacher teaching any of my children, wow. You post something that has nothing to do with arguing point, and then turn around saying its my fault I dont get it. Thats like a drunk driver running a red light and hitting someone and blaming the brakes!
Bruce

Azusa, CA

#34 Jan 4, 2010
Nicole Gayner wrote:
<quoted text>
I thought you didn't smoke? Hmmmm........
Oh yea.
Nicole Gayner

Whittier, CA

#35 Jan 4, 2010
Bruce wrote:
<quoted text>
Oh yea.
Yep
Bad Gummint

Lake Arrowhead, CA

#36 Jan 5, 2010
obamessiah wrote:
<quoted text>
I chewed, I swallowed, I ****, and there was your argument.....
Quiet enjoyment refers to the right of an occupant of real property, particularly of a residence, to enjoy and use premises in peace and without interference. Quiet enjoyment is often an implied condition in a lease. "Quiet" is not restricted to an absence of noise; it has been interpreted as "uninterrupted". A tenant's remedies for breach of his/her quiet enjoyment are damages and injunction.
Quiet enjoyment is a common law concept, which case law has given its definition. Even without rising to the level of a constructive eviction and requiring the tenant to vacate the premises, such interferences may deprive the tenant of expectations under the lease and reduce the value of the lease, requiring an award of compensatory damages. Moreover, under modern business conditions, there is no reason why a lessee, after establishing itself on the leased premises, should be forced to await eviction by the lessor or surrender the premises, often at great loss, before claiming a breach of the covenant for interference with the use and possession of the premises that doesn't rise to the level of a total eviction.
How does that have anything to do with chimney smoke?
Think of it this way. If a neighbor, whether apartment or house, causes an objectionable interference in YOUR enjoyment and use of YOUR premises, it creates an actionable situation.

It could be noise, as in stereo's or airports. It could be pollution, as in water or air. It has already been used regarding cigarette smoke and factory smoke. Wood smoke is very dangerous, and I don't see a problem with a lawsuit over it.

Since: Jun 09

San Diego, CA

#37 Jan 5, 2010
Bad Gummint wrote:
<quoted text>
Think of it this way. If a neighbor, whether apartment or house, causes an objectionable interference in YOUR enjoyment and use of YOUR premises, it creates an actionable situation.
It could be noise, as in stereo's or airports. It could be pollution, as in water or air. It has already been used regarding cigarette smoke and factory smoke. Wood smoke is very dangerous, and I don't see a problem with a lawsuit over it.
I live in California, where we have wild fires. Yeah, lets get giant lawnmowers and mow down all the plants that might burn so we dont all have to breath this horrible toxin! Oh my!

Humans have been burning wood since we first started walking, why stop now?
SMOKERS SUCK BUTTS

Escondido, CA

#38 Jan 5, 2010
Nicotine nincompoops are worse.
Bruce

Azusa, CA

#39 Jan 5, 2010
Nicole Gayner wrote:
<quoted text>
Yep
I inhaled, but I didn't smoke.
tony

Glade Valley, NC

#40 Jan 31, 2010
i agree with every one about the irritation of chimney smoke coming in your own house.we can not even go outside in the winter time.i'm working with air quality control to stop my neighbor from killing us and smoking up the house to where a pressure sprayer will not get it off.for all you smart ass sob's that tell people to move,you are just cowards like the people that smoke cigarettes.do not give a damn about anybody but themselves
tony

Glade Valley, NC

#41 Jan 31, 2010
just like a bunch of coward smart asses,always has a stupid smart ass answer,move,when something that is this irritating to people not to mention how dangerous it is.just like a drunk,getting on the road driving,or a cigarette smoker blowing in someones face,like it or not, is their attitude.if all you smart asses want to commit suicide,go right ahead.this would be the answer to everything that relates to people who just do not care about anyone,as long as they get their way.grow the hell up.

Since: Aug 08

Haizman's brain Is calling.

#42 Jan 31, 2010
The Bay Area air quality Board has 70 vehichles drivng around the SF Bay area looking for Folks with smoke from Their woodstoves, Most just trying to keep warm.

What's the "carbon footprint" of 70 vehicles?

This is just another attempt at controll, nothing more, nothing less.

“I'm your huckleberry! ”

Since: Jun 09

Avalon, CA

#43 Jan 31, 2010
tony wrote:
just like a bunch of coward smart asses,always has a stupid smart ass answer,move,when something that is this irritating to people not to mention how dangerous it is.just like a drunk,getting on the road driving,or a cigarette smoker blowing in someones face,like it or not, is their attitude.if all you smart asses want to commit suicide,go right ahead.this would be the answer to everything that relates to people who just do not care about anyone,as long as they get their way.grow the hell up.
FYOU and move you whinny azz bitc#!

“I'm your huckleberry! ”

Since: Jun 09

Avalon, CA

#44 Jan 31, 2010
tony wrote:
just like a bunch of coward smart asses,always has a stupid smart ass answer,move,when something that is this irritating to people not to mention how dangerous it is.just like a drunk,getting on the road driving,or a cigarette smoker blowing in someones face,like it or not, is their attitude.if all you smart asses want to commit suicide,go right ahead.this would be the answer to everything that relates to people who just do not care about anyone,as long as they get their way.grow the hell up.
btw the only thing committing suicide is your state's economy. Once more tobacco regulations kick in your state is dead so you need to move anyway.
tony

Glade Valley, NC

#45 Feb 1, 2010
i will move when i get ready.i do not need your smart ass opinion, smart ass.this just further proved my point.trying to turn something into something it is not.just another selfish smart ass take my advise i said earlier,do everybody a favor.

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