Legal Question in Real Estate Law in California

real estate

Our property is next door to major hospital reconstruction. Prior to construction commencing, the hospital agreed to certain terms with the surrounding community one of which was to maintain the 30 year old growth between the property lines to protect our privacy and our view. They destroyed the old growth in entirety and as a result have dramatically altered our privacy and view which in turn has dramatically affected the value of our property. Do we have any recourse?


Asked on 5/29/07, 11:18 am

4 Answers from Attorneys

Johm Smith tom's

Re: real estate

We would need to review the agreement you reached to know how enforceable it would be. Our CA attorney can go over this with you and give you your options.

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Answered on 5/29/07, 11:27 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: real estate

The main question here would be whether the agreement was memorialized in a writing or placed on the record of a public hearing; side issues will be whether the destroyed vegetation was within the scope of the agreement, whose property it was growing on (a matter of slight importance if the agreement is solid), and proof of the amount of harm done. The hospital may try to deflect liability onto its contractor, and consideration should be given to this in planning any litigation.

This would not necessarily be an easy case to win, but it should be possible to get a judgment for significant damages.

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Answered on 5/29/07, 1:01 pm

Re: real estate

The short answer will depend upon a number of things such as on whose property was the growth, i.e., whose trees and vegetation, whether there is evidence of the promise to keep the growth either in writing or at city hearing(s), and whether they have complied with the terms of any permits.

They may be required to replace the lost growth and/or pay damages. However, be advised that litigation is not cheap.

I would be happy to discuss this matter with you. I am in Westlake Village.

Caleb

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Answered on 5/29/07, 1:50 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: real estate

It will depend upon what the terms of the agreement provide. That will likely dictate your rights, duties and obligations.

If you would like one of our attorneys to review the agreement, let us know.

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Answered on 5/29/07, 10:06 pm


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