Navigating Property Boundaries and View Rights: What to Do When a Neighbor's Fence Blocks Your Ocean View

If a neighbor has erected a fence that obstructs your view of the ocean, it can be a source of frustration and concern. Understanding your rights and options is crucial to resolving the issue effectively. Here’s a detailed guide on what steps you can take when a fence infringes on your view.

Understanding the Situation

Whether the fence is on your property or your neighbor’s, the first step is to clearly understand the situation and your legal rights. Consider the following:

If the fence is on your property, ensure that it is legally within your boundaries. Removing an unauthorized fence without permission may not be necessary but is essential to understand your property limits. If the fence is on your neighbor’s property and is blocking your view, assess whether there are any local building and zoning rules that address this issue.

Exploring Legal and Administrative Options

Depending on your location, the city or county may have specific ordinances that prohibit blocking views. Here are the steps you can take to address the issue:

1. Research Local Zoning Regulations

Review the zoning regulations of your municipality to determine if the fence is in compliance. If there are local laws regarding property lines and view rights, understanding them is crucial in formulating a course of action. If the fence violates these regulations, you can file a formal complaint with the appropriate authorities.

2. File a Formal Complaint

If there are local ordinances that prohibit view blocking, file a formal complaint with the city or county building and zoning department. This course of action can result in fines or the removal of the fence. It's also a good idea to keep records of your property line and any previous communications with your neighbor to support your case.

3. Engage in Direct Negotiations

Before taking more formal or legal action, try to resolve the issue directly with your neighbor. Situations can sometimes be resolved informally by discussing your concerns and seeking a mutually acceptable solution. If you are aware that the fence might be affecting property values due to rising sea levels, explaining this concern could potentially influence your neighbor’s decision.

4. Seek Legal Advice

Consulting a local attorney with experience in property boundary disputes and view rights can provide valuable guidance. A legal professional can help you understand your rights and the best course of action, considering both your legal standing and the potential implications of your actions.

Examples of similar situations include: a case where a property dispute over an over-height structure resulted in a variance, or a scenario where the erection of a fence caused significant bleacher in a residential area, leading to legal action and subsequent fines and mandatory fence removal.

Handling the Option of Legal Action

Legal action is a serious step and should be considered carefully. If the fence violates local zoning laws, the community, or any reasonable exercise of view rights, you may have grounds for a lawsuit. Here are a few points to consider:

Lawsuits can be costly and time-consuming, but they can also provide a definitive resolution to the dispute. A large-scale legal action may not be necessary; sometimes smaller remedies like fines or partial fence removal can suffice.

Conclusion

When a fence on a neighbor's property blocks your view of the ocean, it is important to take a measured and informed approach. Understanding your local zoning laws, directly communicating with your neighbor, and consulting with a legal professional can help you find the best solution. Remember, maintaining good neighborly relations is key to resolving disputes amicably. Good luck!