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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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my neighbour has a wood fire the smell has been invasive for

Resolved Question:

my neighbour has a wood fire the smell has been invasive for some time and we are getting charcoal in our house and on our cars-I have mentioned it and said they need to clean their chimney, as not only is it causing us a problem but it could be dangerous-so far they have ignored me, can I make them do anything?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Do you live in a smoke control area?
Customer: replied 3 years ago.

I really do not know

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

I would suggest that you get in touch with your council to check first whether you live in a smoke control area.

If you do live in a smoke control area, it is an offence for your neighbour to burn wood fires and the council have the power to make them stop using the wood fire.

If you do not live in a smoke control area, you may say that your neighbour's actions are denying you the use and enjoyment of your property and that their smoke is trespassing on your property contrary to the rule in Rylands v Fletcher, in which case, you should get a local solicitor to write to your neighbour about this and ask them to stop their smoke getting into your property.

Hope this helps

UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Ok thanks