[WSBARP] House built, blocks PC's view - practical recourse

[Joseph McIntosh]

I believe there’s a wealth of case law on this.  The remedy for encroachment used to be an injunctive relief and tear down.  But that has been watered down considerably over the years, and damages are often now preferred over a mandatory injunction.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Tom Lee
Sent: Friday, January 6, 2023 12:37 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] House built, blocks PC's view - practical recourse

Hello Braintrust,

PC has a neighbor building a house which is only about 7 feet away from PC's property lot line. The covenants clearly state that the building setback must be 20 feet from all lot lines. Worse, Neighbor's home construction has completely blocked PC's view of the Columbia River - PC bought his house for the river view. PC feels the situation has devalued his house and property as a whole.

Does anyone have practical legal advice on how to address this situation? Given the neighbor's house is already built, I am worried about just jumping into a lawsuit because I am wary about the court granting relief for what the PC probably wants, which is for the neighbor to tear down his house.

Thoughts?

Best,
Tom

--

TOM LEE

Attorney

R. THOMAS LEE, PLLC | Attorney and Counselor at Law | A Professional Limited Liability Company

Direct: 425-219-6736

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