Springfield, VA asked in Personal Injury, Real Estate Law and Arbitration / Mediation Law for Virginia

Q: What kind of lawyer would deal with neighbor issues? Specifically, secondhand smoke problems.

I'm an owner of my home in a COA. My COA sealed around some common pipes, but the secondhand smoke still seeps into my home and affecting my breathing. The COA can't tell me why this is happing and my neighbor's efforts has not stop the issue and has grown worse in the last five months. I've spoken to him several times, but nothing has truly come of it.

2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: Seeping of toxic vapors onto one property from another is Nuisance, and your best choice of counsel might be a lawyer who does real estate litigation. If there are resulting health concerns and medical bills, a personal injury lawyer might consider the case, but the financing model for such lawyers is usually contingency fees. Unless the medical bills are well documented as related and are significant in size, a contingency fee retainer agreement isn't going to work. A real estate litigator may have more sensitivity to your budgetary limitations and the value of the real estate as a factor in mapping out a strategy.

1 user found this answer helpful

F. Paul Maloof
F. Paul Maloof
Answered
  • Estate Planning Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: I can only surmise that a Home Owner's Association lawyer would be the type of lawyer you want to find for your situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.