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  1. #1
    mreinhardt is offline Junior Member
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    My neighbor is trying to stop me from building

    What is the name of your state? I live San Mateo California. I'M in the process of adding on 1,500 square ft to my home. I meet all building codes, and zoning codes. We had 52 neighbors in our area look at our plans, just one complained about our project. Our up hill neighbor claims she has a view. The house I own was built in the late 1950's. They were built for World War 2 vets, and their families there is no views to really speak of. Her view consists of looking over my roofline, and seeing part of a mountain, and sky. My question is what is considered a view? Can one lady stop my whole project? The planning Division is asking me to alter the design of plans to address her issues. What about my wife, and three kids issues? Like I stated earlier we have met all zoning codes, daylight plain codes, every code you can think of. Can someone help me
  2. #2
    seniorjudge Guest
    Quote Originally Posted by mreinhardt
    What is the name of your state? I live San Mateo California. I'M in the process of adding on 1,500 square ft to my home. I meet all building codes, and zoning codes. We had 52 neighbors in our area look at our plans, just one complained about our project. Our up hill neighbor claims she has a view. The house I own was built in the late 1950's. They were built for World War 2 vets, and their families there is no views to really speak of. Her view consists of looking over my roofline, and seeing part of a mountain, and sky. My question is what is considered a view? Can one lady stop my whole project? The planning Division is asking me to alter the design of plans to address her issues. What about my wife, and three kids issues? Like I stated earlier we have met all zoning codes, daylight plain codes, every code you can think of. Can someone help me
    My neighbor is trying to stop me from building

    What is she doing to try to stop you?

    There is such a thing as a "view easement" but I don't know if there is such a thing as a "prescriptive view easement" (i.e., one that is there by operation of time and law).

    "...The planning Division is asking me to alter the design of plans to address her issues...."
    I thought you said you had been approved? What do they want you to change?
  3. #3
    HomeGuru is offline Senior Member
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    [QUOTE=mreinhardt]What is the name of your state? I live San Mateo California. I'M in the process of adding on 1,500 square ft to my home. I meet all building codes, and zoning codes.

    **A: did you also meet all design guidelines in the CC&R's, if any.
  4. #4
    mreinhardt is offline Junior Member
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    Quote Originally Posted by seniorjudge
    My neighbor is trying to stop me from building
    What is she doing to try to stop you? We do not like each other very much; we had some issues in the past. She does not want me to add on to my house period.

    There is such a thing as a "view easement" but I don't know if there is such a thing as a "prescriptive view easement" (i.e., one that is there by operation of time and law). What is the definition of a "view easement"? I would appreciate your help on the definition. Thanks

    "...The planning Division is asking me to alter the design of plans to address her issues...."
    I thought you said you had been approved? What do they want you to change?
    We are not approved until we resolve the issues of her so-called view.
  5. #5
    mreinhardt is offline Junior Member
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    [QUOTE=HomeGuru]
    Quote Originally Posted by mreinhardt
    What is the name of your state? I live San Mateo California. I'M in the process of adding on 1,500 square ft to my home. I meet all building codes, and zoning codes.

    **A: did you also meet all design guidelines in the CC&R's, if any.
    There is no CC&R's.
  6. #6
    mreinhardt is offline Junior Member
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    What is the definition of a View Easement? My neighbor, and I do not like each other very much. We had some issues in the past; she does not want the addition built period. I meet with the planning division tomorrow. We changed the gable roof to a hip roof line, to accommodate her obscured view out her bedroom window, so we are trying to compromise. The planning division would like even more changes. My project will not be approved until this so-called view issue is resolved. I appreciate any knowledge you might have on an issue like mine. Thanks
  7. #7
    HomeGuru is offline Senior Member
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    Quote Originally Posted by mreinhardt
    What is the definition of a View Easement? My neighbor, and I do not like each other very much. We had some issues in the past; she does not want the addition built period. I meet with the planning division tomorrow. We changed the gable roof to a hip roof line, to accommodate her obscured view out her bedroom window, so we are trying to compromise. The planning division would like even more changes. My project will not be approved until this so-called view issue is resolved. I appreciate any knowledge you might have on an issue like mine. Thanks

    **A: there is more to this story. AHJ would not listen to one lady if the building and zoning coded were followed. How is it that one lady has so much pull?
    In general, the building department does not concern itself with private view planes, deed restrictions etc.
  8. #8
    mreinhardt is offline Junior Member
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    We had our neighborhood meeting, to look over our plans 12/18/04. She has been down to City hall every day after complaining about my project. Every thing was fine until she showed up to City hall. I do not what to go to the planning commission that would cost me about $5,000 just for a review. Like I said everything is up to code. Welcome to the Bayarea!!!!!!!!!!!!!
  9. #9
    mreinhardt is offline Junior Member
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    Can anybody answer this question, what is the definition of a view easement
  10. #10
    seniorjudge Guest
    Quote Originally Posted by mreinhardt
    Can anybody answer this question, what is the definition of a view easement
    If, for example, I want to put up one of those freestanding billboards, I would get a view easement from the surrounding landowners that would restrict them from building any permanent structure to a certain height so everyone could view my billboard.

    Definitions of easement on the Web:

    A right of way giving persons other than the owner access to or over a property.
    [url]www.gehomenow.com/Homebuyer/HomebuyerResources/glossary.asp[/url]

    A right of passage over a neighbor's land or waterway. An easement is a type of servitude. For every easement, there is a dominant and a servient tenement. Easements are also classified as negative (which prevents the servient land owner from doing certain things) or affirmative easements (the most common, which allows the beneficiary of the easement to do certain things, such as a right-of-way). Although right-of-ways are the most common easements, there are many others such as rights to tunnel under another's land, to use a washroom, to emit smoke or fumes, to pass over with transmission towers, to access a dock and to access a well.
    [url]www.duhaime.org/dictionary/dict-e.htm[/url]

    Access rights to a portion of a property for which the owner gives up his rights of development (such as a power line easement to a utility company).
    commpres.env.state.ma.us/content/glossary.asp

    The right one party has in regard to the property of another, such as the right of a public utility company to lay lines.
    [url]www.ginniemae.gov/ypth/resources/mortgage_terms.htm[/url]

    A right of use over the property of another created by grant, reservation, agreement, prescription or necessary implication. It is either for the benefit of adjoining land (“appurtenant”), such as the right to cross A to get to B., or for the benefit of a specific individual (“in gross”), such as a public utility easement.
    [url]www.centerforcommercialrealestate.com/glossary.htm[/url]

    A right of way giving persons other that the owner access to or over a property.
    [url]www.utahhousingcorp.org/homebuyer_glossary.html[/url]

    The right acquired for access to or over another person's property for a specific purpose, such as for a driveway or public utilities. This is referred to as "servitude" in the Province of Quebec.
    [url]www.royalbank.com/buyingahome/bh_glossary.html[/url]

    The right of the owner of one parcel of land to use all or part of the land of another for a specific purpose. Runs with the land. Requires one property to be in dominant position (enjoys the benefit of the easement) and one property to be in servient position (is subject to the right).
    [url]www.websiteupgrades.com/glossary/free/E.shtml[/url]

    —A right of way giving persons other than the owner access to or over a property.
    [url]www.sutterwest.com/glossary.htm[/url]

    A right or privilege that a person may have on another's land, as the right of a way or ingress or egress.
    [url]www.4hb.com/25e.html[/url]

    A right to use the land of another for a specific purpose, such as for a right-of-way or utilities; an incorporeal interest in land. An easement appurtenant passes with the land when conveyed.
    [url]www.co.dane.wi.us/regdeeds/defini.htm[/url]

    The authorization provided by a property owner for the use of his or her property or any designated portion thereof by another for a specified purpose and/or period of time.
    [url]www.asu.edu/aad/manuals/cpm/cpm002.html[/url]

    The right to make limited use of another person’s land. It is usually granted in writing by the owner and becomes an interest in the land and an encumbrance (see Encumbrance) on the title. For example, as the owner, you may wish to grant an easement for the installation of a utility line through your property. (see Cloud on Title)
    [url]www.omsrates.com/mortgagedictionary.cfm[/url]

    —A legal instrument enabling the giving, selling, or taking or certain land or water rights without transfer of title, such as for the passage of utility lines. An affirmative easement gives the owner of the easement the right to use the land for a stated purpose. A negative easement is an agreement with a private property owner to limit the development of his land in specific ways.
    [url]www.nalms.org/glossary/lkword_e.htm[/url]

    The right to use the land of another for a specific purpose. Easements may be temporary or permanent.
    [url]www.beaconmortgage.com/terms.htm[/url]

    The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose. (Geaugua County, Ohio)
    [url]www.planning.org/pas/zoning.htm[/url]

    The right to use the land of another for a specific purpose. Easements may be temporary or permanent. Example : The utility company may need an easement to run electric lines.
    [url]www.mortgagecuso.com/glossarye.htm[/url]

    An "easement" entitles its holder to specific interests, such as a right of way, in land owned by someone else.
    [url]www.online-homeowners-insurance-quotes-rates-company.com/glossary.html[/url]

    A right granted from a property owner to another for a specific use of a portion of the owners land. Public utilities often use easements for the purpose of installing their utility lines.
    [url]www.academyrealestate.com/glossary.htm[/url]

    The right to go onto another person's private property or use that property for a specific purpose; a right of way. An easement must be granted by the landowner. (see conservation easement)
    [url]www.opb.org/programs/oregonstory/land_trusts/glossary/[/url]

    A right to use all or part of the land owned by another for a specific purpose. An easement may, for example, entitle its holder to install and maintain sewer or utility lines.
    [url]www.gac.com/resource/glossary.html[/url]

    The right to make limited use of another personâs land. It is usually granted in writing by the owner and becomes an interest in the land and an encumbrance (see Encumbrance) on the title. For example, as the owner, you may wish to grant an easement for the installation of a utility line through your property. (see Cloud on Title)
    [url]www.loanfax.com/loanfax/mortdict.html[/url]

    A right of use over the property of another created by grant, reservation, agreement, prescription or necessary implication. It is either for the benefit of adjoining land (Appurtenant), such as the right to cross A to get to B, or for the benefit of a specific individual (in gross), such as a public utility easement.
    [url]www.crye-leike.com/commercial/glossary.php[/url]

    (UK) A right appurtenant to a parcel of land entitling a dominant owner to use the land of the servient owner in a particular manner, or constraining the legal rights otherwise enjoyed by the servient owner, eg. A right of way, right to light, right to support. Strictly speaking, easements cannot exist "in gross", ie personal and unattached to the ownership of land, but rights similar to easements can be created by statute, usually for the benefit of public utility undertakings, and these are commonly referred to as "statutory easements".
    [url]www.indiaproperties.com/vroot/link/glossary.asp[/url]

    A less-than-fee interest that includes selected rights, or grants the holder the right to prevent certain land uses. A property owner retains ownership and the rights other than those expressly limited by the easement. Easements may be granted for a number of reasons, including access, public utilities, conservation, open-space, and scenic purposes.
    [url]www.santacruzlafco.org/pages/definitions.html[/url]

    (law) the privilege of using something that is not your own (as using another's land as a right of way to your own land)
    [url]www.cogsci.princeton.edu/cgi-bin/webwn[/url]

    easing: the act of reducing something unpleasant (as pain or annoyance); "he asked the nurse for relief from the constant pain"
    [url]www.cogsci.princeton.edu/cgi-bin/webwn[/url]

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