Legal Question in Real Estate Law in California

Ocean View Obstruction

I live in a new costal community with a partial ocean view in San Diego, Ca. The CCR's stipulate, there are no protected views,however all improvements including landscaping must be approved by the Design Review Committee (DRC). Additionally, applications to the DRC should include confirmation from ''Adjacent Owners''. My neighbor just planted a ''BIG'' canary palm which obstructs my partial view. The was no application submitted to the DRC. My neighbor claims to be in complience with the Residential Design Guidelines created by the Builder (and very well maybe??). The Residential Design Guidelines were not disclosed to all homeowners including myself during the purchase transaction.

Do I have cause to go legal, or should I just accept the inevitable?


Asked on 3/01/03, 11:59 pm

1 Answer from Attorneys

Joel Selik www.SelikLaw.com

Re: Ocean View Obstruction

You have many diferent ways this can be attacked, their may be problems with each and success is not guaranteed, but you may be able to negotiate some beneift, if nothing else.

JOEL SELIK

ATTORNEY-CA REAL ESTATE BROKER

800-894-2889

www.SelikLaw.com

www.sandiegorealestateattorney.com

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Answered on 3/04/03, 1:14 pm


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