Private nuisance

[johnricca]

I live in California

I am being sued by my neighbor for putting up a fence that blocks his view. My neighbor lives above me and has a fence with glass panes so he can have a view of the canyon I live in. I put the fence up for privacy to prevent him from looking into my yard. The fence is on my property and is less than 6 feet talll so it breaks no local ordinances. The question is what should I do and does he have a case against me?

 

[htine30]

Are you in a community with covenants?

You mention that you are not violating any local ordinances, but is this a planned community with CCRs? If so, your CCRs may have something in them that protects his views.

Even if you are not bound by CCRs, you're going to need a lawyer if he's actually suing you, not just threatening to sue you. I know from experience that unhappy neighbors love to mention attorneys and lawsuits, but will back down if they don't have a legal leg to stand upon.

 

[divgradcurl]

In addition to the CC&R's, if any, make sure that your property does not have a "sight easement" recorded on it -- California is one of the few states (maybe the only one) that recognizes "sight easements." That may take a trip to the title company to find out for sure...

 

[johnricca]

Thanks for the replies....Its not a planned community or CCR and there are no sight easements.

I actually was served with a summons and the lawsuit says that its a "private nuisance" because I blocked their view. From what I gather searching on the internet. California has no "right to a view" and as long as the fence is on my property and conforms to local codes I did nothing wrong. Am I correct in that thinking?

 

[divgradcurl]

Thanks for the replies....Its not a planned community or CCR and there are no sight easements.

I actually was served with a summons and the lawsuit says that its a "private nuisance" because I blocked their view. From what I gather searching on the internet. California has no "right to a view" and as long as the fence is on my property and conforms to local codes I did nothing wrong. Am I correct in that thinking?

If your fence was constructed to code, and is permitted, then you probably don't have too much to worry about -- but since you've been served, you need to answer the complaint, either yourself or with the help of an attorney -- otherwise you'll lose by default.