Legal Question in Construction Law in California

Re: my rights regarding my neighbors addition.

This isn't a question you ask attorneys. Go talk to your Planning Commission, then if they are in violation, the agency can issue stop notices.

Re: my rights regarding my neighbors addition.

You are trying to allege a nuisance for him obstructing your light and air. The law is clear on this point and is as following:

No structure may be considered a nuisance merely because it obstructs the passage of light and air to the building of the adjoining owner or merely because it obstructs the adjoining owner's view of neighboring property (Ingwersen v. Barry (1897) 118 Cal. 342, 343.) Similarly, a nuisance does not exist merely because an otherwise lawful structure built on adjacent property is considered unattractive, such as one that is viewed as being too large or ponderous ( Oliver v. AT&T Wireless Servs. (1999) 76 Cal. App. 4th 521, 534-536, (unattractive appearance of otherwise lawful cellular transmission tower on adjacent property could not support action for nuisance).

However, there are some statutory exceptions to the rule that obstruction of light and air does not constitute a nuisance. For example, Civ. Code § 841.4, the ''spite fence'' statute, provides that any fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height, that is maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property, is a private nuisance [Civ. Code § 841.4] In addition, under the appropriate circumstances, Pub. Res. Code § 25763 may provide a remedy if neighboring trees prevent sunlight from reaching a solar collector [see Pub. Res. Code § 25763; Sher v. Leiderman (1986) 181 Cal. App. 3d 867, 880-883, ] .

Therefore, your only recourse is to try to see if he complied with the subdivision CC&R's and local Building and Planning Department requirements. My guess is that he as if it is a substantial structure as you indicate. Thus you are most likely out of luck and it would probably be a waste of time and resources to pursue it further.

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Re: my rights regarding my neighbors addition.

If your zip code is correct, you live in an unincorporated area of Alameda County, so you can begin by going to the Development Services Agency and asking to see the plans and approvals for the project. Here is their website: http://www.acgov.org/pwa/dept_developement_services.shtml

My initial sense is that you're not going to challenge the project successfully. However, I will consider the issue further and post again later.

Re: my rights regarding my neighbors addition.

There is no legally-enforceable right to sun and view, at least as a general aspect of property ownership. If the neighbor's construction conforms with zoning and building code rules regarding setbacks, and permits have been obtained, I don't see that there is anything you can do to stop the construction. An outside possibility is that there might be some CC&Rs or the equivalent in some old subdivision plan or lot-split that created the two parcels in question; this should show up in a search of title on one or the other parcels.......but I think this is a long shot. An easy starting point would be to look at your neighbor's deed at the county recorder's office and see if it references an easement or servitude for view and light in favor of your parcel. A full search would probably necessitate hiring a trained professional title searcher.