Re: my rights regarding my neighbors addition.
You are trying to allege a nuisance for him obstructing your light and air. The law is clear on this point and is as following:
No structure may be considered a nuisance merely because it obstructs the passage of light and air to the building of the adjoining owner or merely because it obstructs the adjoining owner's view of neighboring property (Ingwersen v. Barry (1897) 118 Cal. 342, 343.) Similarly, a nuisance does not exist merely because an otherwise lawful structure built on adjacent property is considered unattractive, such as one that is viewed as being too large or ponderous ( Oliver v. AT&T Wireless Servs. (1999) 76 Cal. App. 4th 521, 534-536, (unattractive appearance of otherwise lawful cellular transmission tower on adjacent property could not support action for nuisance).
However, there are some statutory exceptions to the rule that obstruction of light and air does not constitute a nuisance. For example, Civ. Code § 841.4, the ''spite fence'' statute, provides that any fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height, that is maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property, is a private nuisance [Civ. Code § 841.4] In addition, under the appropriate circumstances, Pub. Res. Code § 25763 may provide a remedy if neighboring trees prevent sunlight from reaching a solar collector [see Pub. Res. Code § 25763; Sher v. Leiderman (1986) 181 Cal. App. 3d 867, 880-883, ] .
Therefore, your only recourse is to try to see if he complied with the subdivision CC&R's and local Building and Planning Department requirements. My guess is that he as if it is a substantial structure as you indicate. Thus you are most likely out of luck and it would probably be a waste of time and resources to pursue it further.
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