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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
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Experience:  Attorney and Real Estate broker -- Retired (mostly)
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My neighbor is considering building a fence which will drastically

Customer Question

My neighbor is considering building a fence which will drastically degrade the view of the Sawtooth Mts. from my house. It will also have a very detrimental impact on our property values. We bought this property in 1995, started building in the summer of 1998, completed the structure before Christmas 1999 - spend our first night in the cabin on Dec. 31, 1999. We have basically live in the cabin for all or the greater part of every summer beginning in 2000.

What rights do I have to a scenic visual easement? Is there way I can stop this fence from being built? Thank you, XXXXX XXXXX
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.
Hello,

Idaho law provides relief against a person who erects a fence solely for the purpose of "spite" against a neighbor. The controlling precedent case is Sundowner, Inc. v. King, 509 P. 2d 785 (ID 5/10/1973).

You can sue the neighbor in court and request an injunction to prevent the neighbor from interfering with your view.

Hope this helps.
Customer: replied 1 year ago.

But how do you PROVE malicious intent, as opposed to some other explanation for the fence, such as "privacy", etc?????

Expert:  socrateaser replied 1 year ago.
Well, you could write to the neighbor and ask why he/she is choosing to destroy your view. Maybe you'll get lucky, and the neighbor will put his/her "foot in it." Or, if there was a witness to your argument, that testimony could corroborate the reason for the fence. Also, an objective position could be made if the fence height has no reasonable bearing on the neighbor's privacy. I don't know where the fence is located, or how tall it will be, etc.

Also, you could make a secret audio recording of your conversation with the neighbor, while you beg him/her to not put up the fence, because Idaho law requires only one party's consent to the recording. Idaho Code Ann. § 18-6702.

Anyway, those are some ideas. Hope this helps.
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 34819
Experience: Attorney and Real Estate broker -- Retired (mostly)
socrateaser and 9 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Her fence will be approximately 2-3 feet from our post and pole fence which doesn't block anyone's view. The local ordinance limits fence height to 6 feet. Thus, we will have parallel fences just a few feet apart, one which blocks a view (hers) and one which does not block a view.

Expert:  socrateaser replied 1 year ago.
Seems like there is no reason for the extra fence. To me, that would be evidence of an ulterior motive having nothing to do with creating a boundary partition between properties.

In other words, it seems like spite to me. But, I'm not the judge in your case, so while my legal analyses generally play out in the real world. I can't guarantee you a winner. What I can guarantee is that if you don't push back, you will lose your view.

Hope this helps.
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 34819
Experience: Attorney and Real Estate broker -- Retired (mostly)
socrateaser and 9 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for your good advice. Keep your fingers crossed for me!! Jack

Expert:  socrateaser replied 1 year ago.
I'll do that!

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socrateaser
socrateaser
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Attorney and Real Estate broker -- Retired (mostly)