What recourse do I have to stop a neighbor from blocking my ocean view?

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What recourse do I have to stop a neighbor from blocking my ocean view?

I bought my house specifically for the ocean view. I am ill and the ocean and its properties are tantamount in my healing process. My neighbor has let his property grow wild encouraging huge weeds and growths to go up trees and block any view I once had. Is there any WA law that would prevent him from what he is doing? If I had known he was going to do this I would have never bought the house. Do I have any legal recourse in fighting for my view and healing. I am a suffering woman by myself and I feel bullied. Should I speak with a real estate attorney? In Whatcom County, WA.

Asked on June 25, 2011 under Real Estate Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You first need to look at the deed to the property you have that has an ocean view to see if there is a "view easement" in favor of your property which would allow you to have a view easement. If there is one, you need to read the scope of the easement, ascertain which neighboring properties are subject to the view easement and then if you have a view easement for the ocean over the neighbor's property who has let it go wild with weeds and vegetation, you can write a letter seeking that it be cleaned up to protect your view.

Most likely the deed to your property does not have a view easement in its favor. If so, you could contact your neighbor and offer to pay to have the vegetation removed or trimmed back to have a betetr view of the ocean. If the neighbor is unwilling to do so, you might want to see if the local fire marshall deems the excess vegertation a fire hazard where the neighbor would be reuired to reduce the growth of weeds and other vegetation which in the end could open up your view of the ocean.

It is always best to work with a neighbor to resolve an issue as opposed to making the neighbor not want to help you.


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