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Asked in CA May 26, 2022 ,  0 answers

my rights regarding my neighbors addition.

I live on a hill. My neighbor above me is adding a 800 sq ft addition that runs 2/3 the length of my back yard. His floor is level with the top of our 6ft fence. Once completed I will no longer have privacy. The structure is so large it will totally enclose one side of my yard and will block everything on that side. the sun, the sky not to mention my view. What distance must the structure be from the property line and is there anything I can do to stop this construction.

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4 Answers

Anonymous
Reply

Posted on / Oct. 07, 2007 18:53:00

Re: my rights regarding my neighbors addition.

There is no legally-enforceable right to sun and view, at least as a general aspect of property ownership. If the neighbor's construction conforms with zoning and building code rules regarding setbacks, and permits have been obtained, I don't see that there is anything you can do to stop the construction. An outside possibility is that there might be some CC&Rs or the equivalent in some old subdivision plan or lot-split that created the two parcels in question; this should show up in a search of title on one or the other parcels.......but I think this is a long shot. An easy starting point would be to look at your neighbor's deed at the county recorder's office and see if it references an easement or servitude for view and light in favor of your parcel. A full search would probably necessitate hiring a trained professional title searcher.

Anonymous
Reply

Posted on / Oct. 07, 2007 18:53:00

Re: my rights regarding my neighbors addition.

There is no legally-enforceable right to sun and view, at least as a general aspect of property ownership. If the neighbor's construction conforms with zoning and building code rules regarding setbacks, and permits have been obtained, I don't see that there is anything you can do to stop the construction. An outside possibility is that there might be some CC&Rs or the equivalent in some old subdivision plan or lot-split that created the two parcels in question; this should show up in a search of title on one or the other parcels.......but I think this is a long shot. An easy starting point would be to look at your neighbor's deed at the county recorder's office and see if it references an easement or servitude for view and light in favor of your parcel. A full search would probably necessitate hiring a trained professional title searcher.

Anonymous
Reply

Posted on / Oct. 07, 2007 18:53:00

Re: my rights regarding my neighbors addition.

There is no legally-enforceable right to sun and view, at least as a general aspect of property ownership. If the neighbor's construction conforms with zoning and building code rules regarding setbacks, and permits have been obtained, I don't see that there is anything you can do to stop the construction. An outside possibility is that there might be some CC&Rs or the equivalent in some old subdivision plan or lot-split that created the two parcels in question; this should show up in a search of title on one or the other parcels.......but I think this is a long shot. An easy starting point would be to look at your neighbor's deed at the county recorder's office and see if it references an easement or servitude for view and light in favor of your parcel. A full search would probably necessitate hiring a trained professional title searcher.

Anonymous
Reply

Posted on / Oct. 07, 2007 18:53:00

Re: my rights regarding my neighbors addition.

There is no legally-enforceable right to sun and view, at least as a general aspect of property ownership. If the neighbor's construction conforms with zoning and building code rules regarding setbacks, and permits have been obtained, I don't see that there is anything you can do to stop the construction. An outside possibility is that there might be some CC&Rs or the equivalent in some old subdivision plan or lot-split that created the two parcels in question; this should show up in a search of title on one or the other parcels.......but I think this is a long shot. An easy starting point would be to look at your neighbor's deed at the county recorder's office and see if it references an easement or servitude for view and light in favor of your parcel. A full search would probably necessitate hiring a trained professional title searcher.

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