Legal Question in Real Estate Law in California

Invasion of view

I built a barn that my neighbors now complain ''invades the focal point'' of thier back yard. I have not blocked any views, I actually cut off thier view of my back yard. Am I responsible for hiding my barn with trees or any other manner as not to encroach on the beauty of thier yard?


Asked on 5/04/09, 9:51 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Invasion of view

It depends upon where you live, what the local municipal code says, and if you have CC&Rs. I assume when you built the barn you obtained permits from the local jurisdiction (City, Town, County, etc...). Those permits should indicate a compliance with the local building code. Further, if you live in an area with CC&Rs, then most local building departments are requiring the HOA sign off on your plans. If none of these parties has an objection to your barn, I don't believe the neighbors have standing to require anything further of you. That being said, you may wish to have a local real estate attorney review the matter for you to ensure you have done everything properly.

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Answered on 5/04/09, 11:30 pm


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