From the Gulf Coast to the West Coast (or Any Coast) ... Don't Block Your Neighbor's View
(or the Law May Make You Remove that Home Improvement...)
I recently came across a case decided earlier this year in a California Appeals Court where a couple's home addition was ruled to be a violation of their community deed restrictions because it significantly obstructed a neighboring homeowner's view of the ocean -- and depreciated the economic worth and enjoyment of the property in the process, or so said the court. (see Zabrucky v. McAdams, 129 Cal. App. 4th 618 (2005)).
Now it may seem heavy-handed for the court to side with the deed restrictions against the home improvement, but oftentimes, it's these restrictions that safeguard against potentially harmful expansions to residential properties: expansions that could obstruct views, bring discord to the community aesthetic, or damage property values for surrounding lots in the neighborhood.
And the "scenic view" issue isn't just limited to west coast judiciaries pre-disposed to rendering liberal interpretations of the law. Deep in the heart of the conservative South, where landowners are still kings and the right to unfettered ownership is a powerful legacy, courts on the gulf coast have been issuing the same sort of judicial opinions on the topic for years. In a case spanning several decades, Davis v. Huey was a Texas Court of Appeals case where the verdict was entered against the homeowner's improvement. Enforcement of the restrictive covenants against a homeowner meant that his privacy fence, an improvement for which he had obtained no permission and which also obstructed the neighbor's view across the properties, had to be dismantled. The court stated that "enjoyment of the view and scenery provided by the natural valley south and southwest of the lots owned by the Hueys and appellants has been one of the inducements to purchase lots along this natural canyon rim." 608 S.W.2d 944, 950 (Tex. App. 1980). The Hueys triumphed on appeal and the fence came down. Long live the king.
What lesson do we learn from all of this? Review your community's deed restrictions and/or restrictive covenants before you expend the time, money, and energy building that home improvement. The "scenic view" law could be a potentially costly hurdle to overcome, but if you plan accordingly and abide by the community declaration(s), then tapping into your "inner Bob Vila" won't be such a heartache once the sweat equity has long been paid.
I recently came across a case decided earlier this year in a California Appeals Court where a couple's home addition was ruled to be a violation of their community deed restrictions because it significantly obstructed a neighboring homeowner's view of the ocean -- and depreciated the economic worth and enjoyment of the property in the process, or so said the court. (see Zabrucky v. McAdams, 129 Cal. App. 4th 618 (2005)).
Now it may seem heavy-handed for the court to side with the deed restrictions against the home improvement, but oftentimes, it's these restrictions that safeguard against potentially harmful expansions to residential properties: expansions that could obstruct views, bring discord to the community aesthetic, or damage property values for surrounding lots in the neighborhood.
And the "scenic view" issue isn't just limited to west coast judiciaries pre-disposed to rendering liberal interpretations of the law. Deep in the heart of the conservative South, where landowners are still kings and the right to unfettered ownership is a powerful legacy, courts on the gulf coast have been issuing the same sort of judicial opinions on the topic for years. In a case spanning several decades, Davis v. Huey was a Texas Court of Appeals case where the verdict was entered against the homeowner's improvement. Enforcement of the restrictive covenants against a homeowner meant that his privacy fence, an improvement for which he had obtained no permission and which also obstructed the neighbor's view across the properties, had to be dismantled. The court stated that "enjoyment of the view and scenery provided by the natural valley south and southwest of the lots owned by the Hueys and appellants has been one of the inducements to purchase lots along this natural canyon rim." 608 S.W.2d 944, 950 (Tex. App. 1980). The Hueys triumphed on appeal and the fence came down. Long live the king.
What lesson do we learn from all of this? Review your community's deed restrictions and/or restrictive covenants before you expend the time, money, and energy building that home improvement. The "scenic view" law could be a potentially costly hurdle to overcome, but if you plan accordingly and abide by the community declaration(s), then tapping into your "inner Bob Vila" won't be such a heartache once the sweat equity has long been paid.
posted by William G. Gammon at 1:26 PM
|
0 comments
William G. Gammon
