pb149

Smoking Neighbors

8 posts in this topic

I live in a townhome just outside Greenville, SC.  My connected neighbor constantly sits on his back screened in porch and smokes.  This is constant all day and a lot of the night.  It is so bad I cannot open my windows or enjoy my own backyard because of the smell and secondhand smoke.  even with the windows closed, the smell occasionally wafts in.  Do I have any rights - why do I have to be affected and possibly endangered (not meaning to be melodramatic) by his second hand smoke and obnoxious habit.  Thanks.

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52 minutes ago, pb149 said:

Do I have any rights

 

No.  None at all.

 

Come on...

 

 

52 minutes ago, pb149 said:

why do I have to be affected and possibly endangered (not meaning to be melodramatic) by his second hand smoke and obnoxious habit.

 

That's a question non-smokers have been asking for years and decades.  Sadly, smokers (as a whole, although there are exceptions) don't care that everyone else suffers so that they can engage in their habit, which is both obnoxious and noxious.  Even worse, the tobacco lobby in Congress and in many state legislatures is strong enough to have prevented any sort of legislation to require smokers to keep their smoke to themselves.  Obviously, South Carolina is in the heart of the tobacco belt, so I doubt anything is going to change for you any time in the foreseeable future.  That leaves you with four basic options:  (1) suck it up (both literally and figuratively) and wait for your neighbor to move or die; (2) move; (3) try and work something out with your neighbor; and (4) spend money on better windows and air filtration and a large wall between your properties.  Obviously, 1, 3 and 4 are not mutually exclusive.

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Probably you have no legal recourse against your neighbor. 

 

For the most part, the courts seem to have not been terribly receptive to legal claims for private nuisance based on secondhand smoke, although there are some exceptions (albeit not in South Carolina so far as I know).

 

if you live in a community that is subject to a homeowners association or CC&Rs, you might check there to see whether there are any applicable prohibitions that you could try to have enforced.

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I have definitely thought about that one adjusterjack.   Even if he didn’t go in he’s still have to suffer smelling it - unless his nose is dead from smoke.  Currently every time he lights up I blast air freshener spray in his direction

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1 hour ago, adjusterjack said:

Option 5 - Do something malodorous (but legal) that will drive him back into his home.

 

 

Steve Martin used to do a bit:  when someone asks, "Hey, mind if I smoke,?" he responds with, "No, mind if I fart?"

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