Re: video camera facing my neighbors yard

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Karen

First issue Whether your neighbor has a right or priveledge
to burn at the time he is burning wood?
If he does then he is with in the law. Why do you think
buring wood on his private property is illegal?

The only leg to stand on is the trespass of smoke particles
that cross into your lot. But then again smoke particles,
leaves and dropping nuts have been generally determined by
courts as a nuisance that will have to be tolerated

Next. If you are suffering from health effects from the
smoke or property damage then you can legally put out the
fire on your neighbors lawn. "Abatement of a Nuisance"
Example if you were painting your home and the smoke
particles were ruining your paint job then you have a legal
right to put out the fire. But then this will work only a
few times. He will have to be given a time to burn his wood.

There is no law I am aware of that precludes a person from
looking into the yard of another. Unless there was some
exspectancy of privacy ie fenced in jazzui or pool. If it
is open to the public then it is fair game to cameras. I
see on TV news all the time a reporter in front of homes
yards with the cameras rolling.

Having asthma does not negate property owners rights. You
are some one suffering from sensibilities that are
particular and not the norm. In the legal world society
does not turn legal activities into forbidden ones for a
very few people who suffer from abnormal or parculiar
sensibility. YOu will have to take steps to protect
yourself from the smoke I am afraid.

Res Ipsa Loquitur

On 3/14/07, karen wrote:
> I have a neighbor who has smoked out my home for 5 months
> by burning treated wood causing me to constantly have
> asthma attacks.I set my video camera up in the window for
> two reasons 1. to video tape his wood burner burning
> treated chemicals for 6 hours straight everyday,but also
> because when he found out I said something he threatened
to
> smoke me out until I move or croak which ever comes first
> but worst of all he threatened to burn my place down.So I
> hooked my camcorders to my T.V and run them as a
> survellince system.Problem is we are a mobile park and his
> yard is connected to mine so his yard also comes into view
> of my survellince.Plus it tapes we dumps his chemicals and
> ashes near my lot.I am within the law if he,s in his yard
> and my camera survellince picks him up.Appreciate any
> advice people can give.