Legal Question in Real Estate Law in Utah

Neighbors tennis court

I live in an upscale development with custom homes that have both city and mountain views. My home along with the homes of my two retired neighbors have lost substantial value due to the owner of an adjacent home substantially raised the level of his property 10-15 feet and built a tennis court with chain-link fence, lights, etc. between our homes and the city/mountain views. One neighbor who previously had a great view, now sees nothing more than an ugly rock wall. Question: Is there a way my two neighbors and I can sue the owner of the tennis court for the substantial loss to our property values? In addition to the chain-link fence, the tennis court owner has also installed a privacy fence (along just the one side where my neighbors once had a view) now both of my neighbors have absolutely no view at all. These folks are retired and built this home based on the views at the time. please note, the home with the tennis court (which is at the same level of this roof of his house) is in a different Home Owners Association (HOA) than mine. Finally, the owner of the tennis court uses this as a second home and is only in town 1 weekend every 3-4 months. Do you feel I and my neighbors have a case?


Asked on 1/13/07, 2:20 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Neighbors tennis court

If the homes were legally constructed according to the local building ordinances, you probably do not have a case. Some communities have passed ordinances protecting views by limiting building heights or requiring adjustment of site plans to protect views. Contact the building and/or planning or community development department for your community and discuss this with them.

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Answered on 1/16/07, 11:40 am


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