F
fmfaulkner
Guest
Neighbor wants to prevent me from planting trees
We purchased a 5 acre wooded lot with a mountain view in Washington. This came with restrictive covenants (CC&R) that protect views from vegetative growth. We didn't think this would be a problem as the neighbor next to us was not on a view lot, or so we assumed by the price tag and the not being explicitly listed as having a view. The only way they could eke a view was to build right (they stayed 20' back as required by the setback ordinance) on the adjoining property line. Which they did. I just planted 3 trees 6' in height and am told these are blocking their view.
They are claiming that from any location on their property, not just their living room windows, that their view cannot degrade any further. This in effect means that I can't plant on most of my property.
I really dislike looking at their house and want to gain some privacy. Can covenants be amended or can variances be applied. Also, there is a 30' height limit on structures. I know a court in California restricted tree height to roof line level when there was similar wording in the covenants. Our covenant does not prevent other structures from blocking views as long as they are not fences (6' limit) and less than 30' in height.
Any advice on how to proceed?
[Edited by fmfaulkner on 01-09-2001 at 07:35 PM]
We purchased a 5 acre wooded lot with a mountain view in Washington. This came with restrictive covenants (CC&R) that protect views from vegetative growth. We didn't think this would be a problem as the neighbor next to us was not on a view lot, or so we assumed by the price tag and the not being explicitly listed as having a view. The only way they could eke a view was to build right (they stayed 20' back as required by the setback ordinance) on the adjoining property line. Which they did. I just planted 3 trees 6' in height and am told these are blocking their view.
They are claiming that from any location on their property, not just their living room windows, that their view cannot degrade any further. This in effect means that I can't plant on most of my property.
I really dislike looking at their house and want to gain some privacy. Can covenants be amended or can variances be applied. Also, there is a 30' height limit on structures. I know a court in California restricted tree height to roof line level when there was similar wording in the covenants. Our covenant does not prevent other structures from blocking views as long as they are not fences (6' limit) and less than 30' in height.
Any advice on how to proceed?
[Edited by fmfaulkner on 01-09-2001 at 07:35 PM]