If my neighbor just put up a 6 foot vinyl fence blocking my entire view of the golf course, is there any way tjat I can have it removed?

Asked on October 18, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You probably do not have any recourse unless:

1) You had some sort of an easement for view or access, which you could enforce;

2) You had a contract or agreement with this owner specifically that he/she would not do this;

3) The fence violates some local ordinance about fence height or type, and the neighbor did not receive a variance for it; or

4) The building/permitting process in your municipality required that you be given some notice and chance to object to this fence, which you did not receive.

Apart from the above, people *may* build within their property, including fences, even if it damages their neighbors view. You could meet with a real estate attorney and discuss whether you might have a cause of action for nuisance, but that is highly unlikely: "nuisance" is usually reserved for things which are intrinsically undesirable or out of place, like a cement plant or slaughter house or auto salvage yard in a residential area.


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