Trying to figure out if neighbour is in ...

Asked by Jacques on 16-07-2023 14:47:37
Question posted in the Property Law category relating to Western Cape

Trying to figure out if neighbour is in the wrong. Neighbour has a wood fireplace installed. But the smoke coming out of the small flue is going directly into our bedroom and not up into the air. We can then smell the smoke in our room and feel the smoke going into our lungs. Are they legally in the wrong and what are my steps. Can I ask them to extend their flue so that the smoke does not enter our room?

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.