neighbor asking me not to smoke in my backyard right or wrong?

Question

We just bought a house and I smoke occasionally outside in the backyard. My neighbor last night, who has never introduced themselves or even spoke to me, leaned over our ajoining fence and asked me to stop smoking in my backyard. He stated that since we had moved in, they have had to run their air conditioning and can't put their windows up because their home smells like smoke. Is this something that others can agree with? Note, I bought the house. For $900k!!! And I can't even smoke in my backyard? Does anyone think that my neighbor is justifiable in asking me this????

All good answers so far. I wanted to add a little bit more details to the question so all people responding good understand the situation better. I live in a community with HOA in a beach city in socal. I have a 5000 sqft lot so it is small but definetly not cookie cutter. I am respectful of how the smoke blows and do not stand next to their house when I smoke. We have walls on both sides of the yard that are aprox. 5 1/2 feet high so the only window the smell could possibly get in would be their upstairs window. He stated that running the air makes his kids sick but what if he lived in an area where it was hotter outside would he let his children sweat because the ac made them sick. I was the realtor on this purchase as well and about a month ago when I was here alone getting the home inspection done, I was standing on the other side of the yard and he leaned out his window upstairs and asked me not to smoke then as well. Hope this helps answer some of your questions.

Answer 1

Do you live in one of those cookie cutter homes where you only have a few feet of a backyard where you step out your backdoor and right there is your neighbor to the right and your neighbor to the left and your neigjbor right directly behind you where you can almost pass a salt shaker from one house to the other right through the windows? Yeah it is wrong for him to tell you this but this is another reason why people shouldn't be buying these homes in these damn communities. I was watching a clip on yahoo about how a couple with young kids got a lawsuit because their kids were being too loud outside in the pool and the whole neighborhood petitioned against them. The news lady even said that people shouldn't be buying these kinds of homes where they have no privacy in the backyard. There is no backyard with these new homes that they build. When I was a kid everyone had at least a 5 acre yard that was the minimum and we had 10 acres and people rode dirtbikes and fourwheelers up and down the dirt road we lived on. I know not everyone has the money to live in the country but we lived in a huge house that everyone thought was a mansion and we built it and paid 300,000 altogether where people are paying 900,000 to live in a cookie cutter home where they have no privacy. My best friend's parents sold their house for 400,000 with a pole barn and all of their equipment such as a farm tractor, a dirtbike, and some snowmobiles. He had 10 acres as well. my girlfriends parents live in California and paid 800,000 for a house with no backyard in a cookie cutter home. These communities suck and it is nothing but snobs living there. I would tell that jerk next door hey F off this is my home and I will do as I please you have no right to tell me what I can do and can't do in my own backyard.!!

Answer 2

on the one hand, when you look at it, it is the Government taking away another of peoples liberties, and I have to wonder what will be next. When California passed the same Law, I really resented it, at that time, Having been a Smoker and a drinker, for several years of my life, I saw it as an infringement on personal liberties. and it is a major part of a lot of peoples life, to smoke while drinking, or to have a cigarette after their meal. Here it Oregon, they have the same law, with a few differences from California. for instance, the Bars and Restaurants still have smoking sections. But we have to realize that there are a lot of people that are allergic to smoke, and there are others that find to smell of smoke extremely offensive. and we need to respect the needs of other, however there are some people out there that refuse to respect the needs and desires of others, and public building should be healthy for all people. this all started when Tony Randall, quite smoking, and the smell of smoke became so offensive to him, that he pushed for legislation to ban smoking in all public buildings in California.

Answer 3

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Answer 4

I think you have a right to smoke in your own backyard but in the interest of keeping the neighbourhood peaceful maybe make an effort to smoke on the other side of the house or somewhere where it won't blow into your neighbour's house. Everyone has a right to a good quality of life.

Answer 5

To bad your off to a bad start with a new neighbor, but you have every right to smoke in your own yard. It doesn't matter what you paid for the house.

Answer 6

Lol. Your neighbor is crazy. You can do what you want in your backyard. That would be like you telling them not to run their lawn mower because the noise wakes your baby. Sure, it is nice to be considerate to your neighbors, but it is perfectly legal to smoke outside in your backyard. Boo hoo for them.

Answer 7

This neighbor is not being considerate of you and your family. I would talk with my County Attorney and get more information on this topic. I do not think you should have to give in to the big dog next door. I think the neighbor is just prejudice or just picking or just unhappy with their own personal life,take this to Higher Hands. This could be worse such as a large dog barking, Your neighbor shoud thank his lucky stars to have you as his neighbor. Smoke does vanish.

Best Wishes!

Answer 8

In California it is illegal to smoke in your yard if it offends your neighbor. Depends on where you live but more and more states are passing clean air bills that have stronger stipulations on where you can and can not smoke. In my town you can not smoke within 20 feet of any store school or public building.

Answer 9

It does seem a bit unreasonable to ask someone not to smoke in his own backyards. How much are you smoking? Are you smoking cigars or cigarettes? Cigar smoke stinks and does travel. But, if you smoke occasionally and not all the time, I think your neighbor is out of line to ask you to stop.

Something like this happened in a nearby city (where I live). A woman was smoking outside her condo and the neighbor objected to her doing this. The situation got out of hand and the neighbor sued the smoker. The court found in favor of the smoking neighbor. The jury thought the complaining neighbor was way out of line and had no right to tell this woman to stop smoking.

The woman eventually moved. The harassment was so fierce and unrelenting. She did receive a lot of sympathy, not for the fact that she was smoking, but that the neighbor felt he had the right to tell her what to do.

Hopefully, you can find some common ground with this neighbor. How close are you to your neighbor's house? I am trying to think of a place you can smoke without interference.

Good luck.

Answer 10

Oh give me a break. His house smells like smoke???? I don't believe it.

Do what you want. He has already shown that this won't be a cordial relationship.

Answer 11

They could have gone about it differently. But they do have a right to say something. It doesn't mean that you DON'T have the right to still do it. It's your backyard, and your right to smoke all day out there if you want! They just still have the same right to say something though. They are protecting their $900K investment as much as you would.

Yes, you should be able to smoke cigarettes in your own backyard. Now, if you are smoking pot or meth.....that's another story.

Hopefully you can re-address it with them in a different manner.....starting the relationship from scratch and going over to the frint door and introducing yourself, without a cigarette in your hand. Then address what might be able to be done about the smoke going into their house.

If that fails...then f'em!
Smoke it up!