Disir
Platinum Member
- Sep 30, 2011
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A ventilation system is a hole you cant fix. If the entry point of the smoke is not accessible to the neighbor how do they fix it? There is something more complicated about these homes as evidenced by the fact they share a wall.I dont think its as simple as fixing the hole. If that was the case there would be no issue and the judge would have ordered either party ot fix the hole.. The hole may not accessible to them and allows the smoke to get into the ventilation system.Initially I thought this was an invasion of privacy but after learning the details of the story I agree with the judge. Thoughts?
Judge orders man to stop smoking in his own home - CNN Video
"Gray is not quitting cold turkey by choice. Instead, it's by a temporary order of the court that Gray can no longer light up in the Northeast D.C. home that's been owned by his family for 50 years.
"We were floored," said Gray's sister, Mozella Johnson.
Johnson says she was shocked a lawsuit filed by neighbors who moved in last year could now dictate what the family can do inside its home.
...
They claim they're being harmed by smoke they say sneaks into their home through a hole in the basement."
D.C. man can t smoke in own home due to temporary precedent-setting court order WJLA.com
Probably get overturned if he appeals.
Seal the hole newbies. End of problem.
Since these are houses and not apartments, a homeowner is responsible for maintenance and repairs of their home. If smoke's wafting in through a hole, that's your responsibiltiy to fix. And any effect of leaving something broken or in need of repair shouldn't infringe on the legal rights of a neighbor. You're in effect volunteering to suffer the consequences for not fixing the problem. So anything coming from that refusal is on you, not your neighbor.
But, we don't know that right now.