If you live in one of the communities with a tree and view ordinance or your ccr's define protected views, here are a few simple tips to insure you retain the views you had when you bought your property without getting into a lengthy, costly and acrimonious legal spat with your nighbor.
1. Document existing views. Take photographs when you move in of the views that you want to preserve, noting the location and height of trees that may become a problem in the future.
2. Meet your new neighbors and discuss with them your desire to maintain good relationships and good views, so that they can understand your interest in seeing their trees do not become too tall or bushy as they grow.
3. You may want to offer to share in tree maintenance costs from the beginning; after all, it is the investment in your property you are insuring, as well as a future cordial relationship with the neighbors.
4. Continue your photographic documentation of the trees as they grow (if they do), and discuss any potential problems as they arise. Are the trees starting to encroach the on the view? If you've had success with 1-3, your neighbor is likely to be willing to trim the trees before they become a real issue between you.
5. Know the rules for your community or development, including the procedure for filing a claim, going to mediation or other dispute resolution methods recommended.
6. If you need to invoke the process, you will be armed with knowledge and with a paper trail of your efforts to preserve the view amicably.
7. And don't forget to try mediation first, before you go to court (most tree/view ordinances require you ask your neighbor to mediate before you may bring a lawsuit). If you do get to court, the judge is likely to send you to mediation anyway, so why not try first, agreeing to use a skilled mediator and even a mutually agreed upon neutral expert to advise you and the neighbor of how to remediate the problems to the satisfaction of both parties?
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Showing posts with label trees and views. Show all posts
Showing posts with label trees and views. Show all posts
Tuesday, December 03, 2013
Thursday, August 01, 2013
Questions we would like to see number 1
Dear Land Use News:
I moved into my home in posh Belvedere California in 2005. At that time, I had a very clear view from my conservatory of my neighbor's bedroom window, in front of which she was in the habit of performing her daily Pilates routine. As you can imagine, I considered this to be a visual delight.
Much to my dismay, her privet hedge has grown up so as to block my view. I know this is against the rules of the Belvedere view ordinance, which protects views established at the time the property was purchased from unwanted growth of vegetation. This is certainly a good case for a lawsuit, don't you think?
Frustrated in Belvedere
Dear Frustrated,
Whoa Nelly, have you got it all wrong! The view ordinance protects your views of scenic vistas, such as San Francisco Bay, the Golden Gate Bridge and so on. There's nothing in there about a neighbor's personal activities or into their bedroom or that matter. Have you recently watched Rear Window? or maybe it's Fatal Attraction.
Sorry.
Land Use News
PS There is a law that covers this by the way. It's called No Peeping Toms and carries a sentence in the local pokey.
I moved into my home in posh Belvedere California in 2005. At that time, I had a very clear view from my conservatory of my neighbor's bedroom window, in front of which she was in the habit of performing her daily Pilates routine. As you can imagine, I considered this to be a visual delight.
Much to my dismay, her privet hedge has grown up so as to block my view. I know this is against the rules of the Belvedere view ordinance, which protects views established at the time the property was purchased from unwanted growth of vegetation. This is certainly a good case for a lawsuit, don't you think?
Frustrated in Belvedere
Dear Frustrated,
Whoa Nelly, have you got it all wrong! The view ordinance protects your views of scenic vistas, such as San Francisco Bay, the Golden Gate Bridge and so on. There's nothing in there about a neighbor's personal activities or into their bedroom or that matter. Have you recently watched Rear Window? or maybe it's Fatal Attraction.
Sorry.
Land Use News
PS There is a law that covers this by the way. It's called No Peeping Toms and carries a sentence in the local pokey.
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