anyone know if I have legal recourse for car exaust from a neighbors car comming in my windows?

Question

They have 2 driveways one with a garage and the one in question sits between our 2 houses.My bedroom windows happen to be on the driveway side of their house,I have talked to her about it but she says she does not have to worry about it.She leaves the car running for anywhere from 4 to 7 minuites at a time and even with my windows shut the exaust fumes get in.I have 3 large parrots in the one room and my bedroom is the other room in question.Is there some kind of law about stuff like this?The state is N.Y.I thought I read somewhere about cigarette smoke(that is also an issue here).I just need to know if there is a legal way I can put a stop to this bad neighbor doing this just to be nasty.

Answer 1

It's called nuisance. You can get an injunction ifit is harming you. You are entitled to the "peaceful enjoyment" of your property.

Personally I'd check with my local law/zoning/pollution enforcement people, and see if they have any suggestions. She may already be violating some ordinance by doing this, and a ticket may solve the problem.

Answer 2

I must say I think you are being ridiculous. She certainly has a right to warm up her vehicle, and she is not doing it IN a garage that you share, nor in a garage that is part of a common, shared home (like a condo or a townhome), right?
If your windows are closed and the fumes are still coming in, I would say that you have a problem with your windows and need to replace them or caulk them in order to truly seal out air coming in. If, after replacing your windows, you still have exhaust coming it, then again, this is a problem with your HOUSE, not her car. Geez louise, at what point in time will people be responsible for their OWN problems. We live in such a litigious society it makes me sick. Next thing you know, I will be suing my neighbor because she put out her trash and I can smell it on days where it is hot and there is slow gentle breeze heading toward my house. GIMME A BIG FAT BREAK.

Answer 3

Save time, money, and effort. Report the problem to the police. They'll tell you at the time you report it or when they arrive they can or cannot do anything. But get this: By reporting it to the police, you have communicated to your neighbor you're prepared to find a way to stop her. The cops are likely to tell your neighbor that she ought to stop doing that, if not for observance of the law, out of consideration of her relationship with her neighbor.

Answer 4

Go talk to an attorney. It's possible they could do something about it depending on how bad the fumes are. If it's an old car that wouldn't pass inspection, for example, then you have a much better chance. Every state varies.

Answer 5

you have admitted that your baby led to the wear and tear so legally and morally the suited undertaking to do is pay for the fix. do no longer enable the neighbour take earnings however. image the alleged injury and demand the neighbour gets 3 written expenditures. If the wear and tear is a trivial because it sounds perhaps it may desire to be polished out. verify your enjoyed ones coverage you'll be coated.

Answer 6

You may be able to, through a tort for private nuissance. Speak with an attorney near you. Your biggest problem is that you haven't suffered an easily quantifiable amount of damages. But, you may have a cause of action for nuissance. Again, speak to an attorney in your area.

Answer 7

Check your state laws. In my state it is illegal to idle a car for more than five minutes.

Answer 8

Call 1-800-cry-baby

Answer 9

Consult a lawyer, I'm pretty sure that most of them offer free advise.