Well, yes - and in that vein, I would advise you to go and see someone. Lots of places offer half an hour free, and you'll be covered by indemnity insurance and all sorts which, if you are given advice over the internet like this, you (and the provider of such advice) won't be. (Sorry if that seems unhelpful)
Thanks Sam, I have never needed to get any legal advice before so I'm a bit lost. Shall I describe the situation I'm in? Or is it best just to keep it private?
Ok then... no we will not help you with that new patio you've decided to lay... but +1 for just finding a solicitor in your area, or go to the local CAB if you still have one...
I can't help myself. In a nutshell my neighbor smokes a lot of weed. We share a central chimney column and somehow the fumes flood into our house. This has been going on since they moved in last july. Ateast 2 times a week we will need to evacuate our home late at night and send our daughter to sleep at her grandmothers. On some occasions we have arrived home from work and not been able to stay in our house because of the smell. As a family we have all started suffering headaches too so its affecting our health. I have approched the neighbor and got the usual verbally abusave response. They are council tenants and we are complaing almost on a daily basis but just not getting anywhere. To top it off our house is on the market and we had a viewing this week which was cut short due to the smell. So effectivly I cant sell my home either.
This probably won't be helpful but in the short term until you sort things out is there anyway you can seal the fire place to reduce the amount of fumes entering? At least until you have sold the place maybe.
Police aren't interested! When they did go over to have a word all they could smell was burnt toast. Apparently it's an old trick to hide the smell.
When you find a buyer for the house you will have to complete a form which is likely to ask whether you have any disputes with your neighbours. You will have to mention this problem so I'd say a Solicitor in this case is essential. The problem may be classed as Anti-Social behaviour, check with your Council to see if they will assist. Do the neighbours have young children? If so contact Social Services, I can't imagine they'd allow children to be in an environment like that.
If you're selling your house, will you be using a law firm to handle the conveyancing? If so, identify who you'll go with and ask them if you have to. But assuming they'll be a charge involved for the advice, probably not worth it unless you're prepared to stump up the cash to take a civil case against your neighbour. 2 main options: - Speak to your neighbour and win them over. - Make complaint to environmental health dept. at your local council. But be prepared to hammer them with complaints, and don't expect anything to happen soon. Statutory nuisance issues tend to take ages to resolve, if the council can be persuaded to get involved in the first place (which, in the case of an isolated neighbour dispute, I doubt). Other more practical option - can you temporarily seal up your end of the chimney to prevent the fumes coming through?
You don't have to call it a dispute if you don't want to. It's not a dispute until you've disputed it with them. Edit: Sorry, missed the bit about you having approached them already. You're f**ked. If Police aren't interested I doubt anyone else will be. Seal the chimney or drive the neighbours away.
I have a cunning plan! Revenge is a dish best served Surströmming http://en.wikipedia.org/wiki/Surströmming
Are you sure they're just smoking? It sounds odd that smoke would penetrate a wall, if however they had an unfiltered ventilation system exhausting up a chimney I'm guessing it could cause the more pervasive smell you describe. It's also a theory that the police may find more intriguing.
It maybe coming through the floorboards. This weekend I'm going to lift a few and see whats what. Hopefully a few tins of expanding foam will do the trick