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I need to know if I can file a civil suit against a neighbor…

Customer Question
I need to know...

I need to know if I can file a civil suit against a neighbor who is violating our privacy. He built a house on a vacant lot behind our property. Our lot slopes down to a creek and he built his house on a hill above the creek so there is no way for us to shield our property from their view. We have spent thousands of dollars on our landscape and have been on a garden tour. They have destroyed our view and have decreased our property values. They have made no attempt to shield their garage, garbage cans and cars from our view. They also built a dog pen on our side near our beautiful back yard and have put up ugly signs that say Beware of the Dog. They stick out like a sore thumb. They have created a trashy view for us and now they can sit on the hill and take advantage of our view. They need to protect our property by planting trees etc to shield us from their offensive views. We see cars driving up their driveway and enjoying our view and it is very difficult to protect our property. Also he put the dog signs up as a form of anger since I called Animal Control. To me they have violated our right to seclusion and have purposely tried to destroy our view with their signs. Do I have any rights to file a civil suit against them.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

North Carolina

Lawyer's Assistant: Has any paperwork been filed?

No, I am researching what rights I have. I am 72 and have felt heart palpitations and stress because of the flagrant abuse of our privacy

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have lost my freedom of enjoying my property and their violation of my right to seclusion.

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
12/1/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 4 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 123,367
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, under NC law there is no such legal right to a view and because of the way the land runs there is no law to prevent them from building on higher ground such that they can look onto your property.

What you are complaining about, seeing their cars and them seeing into your yard and such, there are no laws in NC to prevent from occurring. Even though you do not like looking at him and do not like him being able to see you, there is no law you can use in NC as there is no actual "right to seclusion" and the right to privacy does not extend to the issues you are mentioning. I am very sorry about that.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 123,367
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Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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