The RF spectrum is not "their space"...
Their "Space" is the right to expect undue interference. Also, while it has never been challenged, as a home owner you also own the "air" above your property. Granted you cannot keep RF out but a neighbor is not suppose to KNOWINGLY cause interference with you.
That is true. "Undue interference". Licensed operation, with a station meeting technical specifications, is not "undue interference".
If the OP is running a dirty station, putting out lots of harmonics, then it would be "undue interference". Operating faulty consumer electronics gear, and getting interference is not.
No, they need to just put filtering in place on their gear, to reject unwanted RF that can cause undesired operation.
No always that simple and why should they bear expense and effort to deal with a arrogant ham next door that may say it is your problem not mine.
It is always that simple. Consumer electronics MUST deal with interference from licensed transmitters. It is up to the OEM to design CE's that reject unwanted interference.
If you lived next to an AM broadcast station, and you were getting RF interference in your home, would you expect the broadcast station to turn their power down?
You miss point here, guy did not knowingly buy a house next to a radio station and likely would not of got current house if he had a crystal ball that told of future RFI problems. Also home owner can take a hit on his property value at resale because of they must disclose any problems with house due to disclosure laws and they could get sued if the fail to mention than a irate ham neighbor causes RFI problems. And this disclosure can reduce homes market value and give grounds to seek compensation. There are several possible "grounds" for action against a irate ham so beware.
You do not need to disclose RFI problems, because they are not an issue with the structure, but rather an issue with the CE's being used in the structure. A home stereo system is not part of the property.
And neither would the FCC. The FCC will instruct the consumer to look at their device, at the Part 15 disclaimer.
I would not even attempt to "speak" for what FCC might say or do here. Do you work for them?
I don't need to "speak for the FCC". They do so quite well on their own:
Note: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:
Reorient or relocate the receiving antenna.
Increase the separation between the equipment and receiver.
Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
Consult the dealer or an experienced radio/TV technician for help.
Modifications not expressly approved by the manufacturer could void the user's authority to operated the equipment under FCC rules.
This device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions:
This device may not cause harmful interference, and
this device must accept any interference received, including interference that may cause undesired operation.
It says right there how to resolve it, and what to expect. If the consumer chooses, they may cease operation of the device.
Operating within your license restraints is not being an "inconsiderate neighbor". It's doing what is allowed per your license. Of course, I also add the contingent phrase,"If your station is clean, and within regs". And the regs also requires a RF field strength evaluation to be done if one is running high power.
Knowingly causing interference and not mitigating it is being a very inconsiderate neighbor and possibly illegal. Maybe this is the difference between old school and new school hams. I follow old school and need no lawyers or smoke and mirrors to try to justify my operation or willingly cause interference while the new school seems to promote that if you have the money to buy the amps and lawyers that it may be your "right" to interfere with others and it is their problem to deal with it. Personally would not want to go to court over new school theory because I doubt a jury would side with your right to interfere or reduce someone else property value because of your actions.
It's not knowingly causing interference. The CE is not rejecting unwanted RF from interfering with it's operations. If it's inconsiderate or not is debatable. It's legality, is not. Are you a lawyer? I think not. Because, if you were, you would easily see the shaky ground a statement like that is; seeing as the disclaimer on the CE clearly states if there is interference, it's the fault of the device.
Again, it's not willful interference. It's a defective CE design (Again, assuming a clean station).