It’s Unlikely You Can Halt Construction Blocking View

  Question: I live in an area near Gold Canyon with large 2-acre lots.  My next-door neighbor decided to build a huge RV garage that will block my view of the Superstition Mountains – a view I have had for almost 20 years.  Although I am upset about this loss of view, I am also upset about the loss in home value if/ when I decide to sell.  Do I have any legal recourse to prevent the construction of this huge RV garage?

  Answer:  Probably not.  Unless a homeowner has a recorded view easement, the homeowner has no right of view over a neighboring property.  If you live in a community with recorded covenants, conditions and restrictions, however, thee may be a right to preservation of an existing view of a homeowner.  For example, if the CC&Rs provide that any construction by a neighboring property owner must be in “harmony” with neighboring owners, or that any construction must be in accordance with the “theme” of the community, there may be some limitations on construction by a neighboring property owner that could adversely affect the view of a homeowner.

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