Subdivision Restrictions and Covenants -

Katzk · #1 10-09-2008, 12:27 AM

What is the name of your state (only U.S. law)? Missouri

We have a neighbor who is planning to extend the size of their existing house at the lake. In so doing our view of the lake will be substantially blocked.
The subdivision restrictions state no erection of a structure forward of the house as shown on the original Plat and no structures are to be erected which would block a homeowners view of the lake.
1. Do you think we can get an injunction to halt the construction?

2. Do you think we have a chance of blocking the construction period based upon the restrictions and the fact that they could build a level on top of the existing level that would not block the lake view (albeit the sky and trees)?

divgradcurl · #2 10-09-2008, 06:23 PM

Quote:

1. Do you think we can get an injunction to halt the construction?

Possibly, depending on all of the facts of the situation. Did the neighbor obtain permission from the HOA to build the addition?

Quote:

2. Do you think we have a chance of blocking the construction period based upon the restrictions and the fact that they could build a level on top of the existing level that would not block the lake view (albeit the sky and trees)?

Again, it will largely depend on what approvals they might have from the HOA.

The language may consititute a view easement -- you might want to check with local attorney to find out if view easements are enforceable in your state. You will need a lawyer anyway if you want to try and obtain an injunction, so you might as well sit down with one, who can review all of documents and facts of your situation and advise you accordingly.

Katzk · #3 10-09-2008, 11:11 PM

There is no HOA and the restrictions only allow for a majority of property owners to approve materials, not plans.
Thank you for your response.

divgradcurl · #4 10-09-2008, 11:33 PM

Quote:

Originally Posted by Katzk

There is no HOA and the restrictions only allow for a majority of property owners to approve materials, not plans.
Thank you for your response.

Then your best bet is to talk with a local real estate lawyer to determine your options.