Legal Question in Construction Law in California

neighbor harrassment over new addition

We are building a garage with guest apartment upstairs in a mountain subdivision. We planned carefully by using an engineer for our plans, got all pertinant permits and utility approvals and are using a licensed contractor. Our neighbor on the other side of the old existing house is threatening a suit because she can no longer see the same view through our backyard from her kitchen window. She sent us a threatening letter and has been seen taking photos of the project. Do we have any reason to worry about her threat of legal action if we have followed all legal channels on this project?


Asked on 7/14/09, 2:32 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: neighbor harrassment over new addition

Worry? Of course. Anybody can sue anybody for anything. 'View' cases are common and ugly. Discuss with your architect and engineer whether your plans are in full compliance with any 'view limitation' rules and regs in your locale, and determine what 'view' changes your building is making. There is no easy answer for you, especially if already well under construction. Plan on getting a local attorney experienced in such cases.

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Answered on 7/14/09, 3:25 pm
Terry A. Nelson Nelson & Lawless

Re: neighbor harrassment over new addition

Worry? Of course. If you thought you had nothing to worry about, you wouldn't have asked. Anybody can sue anybody for anything. 'View' cases are common and ugly in seacoast and mountain view areas. Discuss with your architect and engineer whether your plans are in full compliance with any 'view limitation' rules and regs in your locale, and determine what 'view' changes your building is making. There is no easy answer for you, especially if already well under construction. Plan on getting a local attorney experienced in such cases.

Read more
Answered on 7/14/09, 3:27 pm


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