Most communities of the Halifax Regional Municipality are marked with Welcome to our Community signs . (Photo credit: Wikipedia)
Your neighbors may enjoy having a home where they can look at a beautiful landscape each day, and they may feel angry that you have decided to build a new infrastructure on your home that blocks their view. Some people have even threatened to take their neighbors to court for blocking the views from their homes. Here are some things that you will need to be aware of if you have such a neighbor.
What Are the Laws
Many homeowners believe that the law gives them the right to a view of their surroundings. They believe that they can file an injunction or lawsuit against you if you build a new fixture that blocks the view from their property. However, most communities do not have such laws.
The constitution protects peoples rights to follow the pursuit of happiness. That right applies to you just as much as it applies to your neighbor. Most municipalities do not want to be the arbitrator of such disputes, because it would mean deciding that one partys right to happiness is more important than anyone elses.
Some communities have decided to take a different stance on the issue. They have new laws that prevent homeowners from building new fixtures that can impede other peoples views. Many of these laws were written by communities with many homeowners that pay hefty premiums to live in a home with a great view. However, even these laws have many limitations that you should be aware of if one of your neighbors starts to give you problems.
Limits of Right to View Laws
You will need to check with the ordinances of your community if your neighbor claims that you are violating the right to view laws. Most of these laws contain a number of limitations that may apply to you.
Here are a few of the stipulations that may help you win your case:
- Most communities with right to view laws provide exceptions for certain species of shrubs and trees.
- They generally state that the neighbor can only protest a fixture that was built within a specified distance from his or her property.
- Most communities clearly specify how tall a fence or tree may be.
You should read the zoning requirements carefully before building a new fixture or stopping a new project that your neighbor has protested. Bear in mind that many neighbors have not actually read the laws and may merely be trying to protect their own interests.
Work Closely With Your Neighbors
You may want to speak with your neighbors before building a new fence or a new bush. Ask them if they have any concerns before starting one. This can help you make sure that you dont get off on the wrong foot and help you see whether or not you may run into any problems.
You may want to consider speaking to them even if there arent right to view laws in your community. You will be able to live in your community more peacefully if you try to stay on good terms with your neighbors.