Spite Fences, Air Rights, And The View From A Piece Of Real Estate
The world of real estate law may sound mundane until you remember it includes the set of rules governing how neighbors interact with each other's properties. People will always demand real estate attorney services because regulations and individuals' attitudes will fuel conflicts.
The enjoyment of the view from a property is one of the most common sources of such disputes. Whether or not people mean to infringe on others, the act of building often conflicts with certain easements. If you're planning to build something or worried about a neighbor doing so, you will want to understand the laws of spite fences and air rights.
What Is a Spite Fence?
American law often refers to deliberate nuisance structures as spite fences. The original spite fence in American law was a 40-foot structure built in San Francisco by a wealthy railroad company owner to blight the view of a neighbor who wouldn't sell his property to the millionaire.
While the law didn't intervene to fix the situation at the time, California eventually implemented a law banning the construction of impractical, tall structures out of spite. Other states have done the same.
Easements and Air Rights
Many U.S. jurisdictions have implemented laws against creating negative easements over views. This means a neighbor may have effective veto power over your construction or renovation plans if the new structure would block their view.
Conversely, air rights grant property owners specified 3-D zones above their lands where they can erect structures. The prevalence of slender residential high-rises in New York City, for example, traces its origin to these laws.
Notably, these rules frequently track with wealth and property. Especially in wealthy cities with high-rises and rural or coastal areas where people pay for luxury homes with great views, there are laws governing air rights and easements.
The emergence of alternative energy sources has also driven conflicts over access to sunlight and wind. Understandably, someone who has installed solar panels, for example, doesn't want to see the system's value diminished if a new structure blocks them.
There are typically two solutions in these circumstances. The constructing party can work within the limits of their air rights, or they can seek easements from all the neighbors they might infringe upon.
Nice View
Before you start any work, you should consult with a real estate attorney who knows the local laws. Similarly, if a neighbor has started to build something you believe infringes on your view, it's time to ask for counsel. Ideally, the parties can reach an agreement or work within the existing legal limitations without litigation.