Legal Question in Real Estate Law in Indiana

Smoking on my property

I own a building that shares a common hall with the adjacent building. we have a legal agreement for shared maintenance costs and reasonable use. However, 100% of the hall is on my property. The situation involves smoking. I have asked the other owner to keep his tenants from smoking in the hall. There is no ventilation in the hall. I am not talking about smoking while entering and leaving the building, but just standing in the hall to smoke, so they don't smoke up their apartment. The smoke comes into my apartments. Can I legally prevent people from smoking in the hall?


Asked on 4/16/07, 8:11 am

1 Answer from Attorneys
Mark Voigtmann Baker & Daniels

Re: Smoking on my property

My reaction is that it may indeed be possible to restrict such use, depending on the nature of the legal relationship between the two buildings (i.e. how the ownership is "papered" and what the stated rights are, if any, within those papers). Obviously, this is a superficial answer. If you would like a legal consultation on this topic, please feel free to contact me at [email protected]. Thanks for an interesting question.

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Answered on 4/16/07, 10:00 am


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