The law of Neighbour and more specifically the nuisance effect.
The first principle a landowner is deemed to be not only owner of the surface of the land but also of the space above the land and anything attached to or beneath the surface of the land. This implies that an owner has unencumbered power to use and enjoy his land as he pleases.
However, the test cautions an owner to exercise his powers of ownership in such a way that his neighbour is not prejudiced. An owner's seemingly unrestricted powers of ownership are thus restricted by the fact that his neighbours have similar powers of use and enjoyment of their own land.
These conflicting interests of neighbouring landowners are balanced on the basis of the objective criterion of reasonableness. This is not the test of the reasonable man since the lawfulness of the landowner's activities and not his fault is at stake. The enquiry is whether, in view of the particular circumstances, a landowner's exercise of a particular power of ownership is proper, becoming and socially adequate in view of the prevailing view of the community .
Obscuring your view which has a definite influence on the value of you property Value. Taking the abovementioned in account that you have a seaside property with the most important reason having view he is in the circumstance and the unreasonable use wil not only devalue your property it is also unreasonable use of his property and he breach the use of his limits.
YOur plan of action should be. You first have to get his title deed. THis is easy any attorney can request a copy of the title deed. It is good to know the regulations in the title deed as well as yours.
Follow up with municipality as to the procedure followed.
You have two options
1) get an interdict to stop the building from obscuring your view
2) Damages for the loss of you sea side properties view.
But start to peruse the title deed normally the restrictions are in the title deed and the Municipality normally misses the clause pertaining to restrictions
I cannot comment on american law as I am an attorney of south Africa and as i understand that this property is in south africa.
Their are many cases but check this news bit
I trust you find this answer help full please accept the answer that i may be paid. thank you
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