Legal Question in Construction Law in Virginia

Re: Line of sight easement

So, how were you the victim here of the builder's negligence or other alleged wrong doing? Virginia, after all, is one of those states where a seller doesn't even have a duty to disclose material defect(s) in a property to a prospective buyer that s/he knows about--unless specifically asked about by such buyer. And, in your particular situation, the buider apparently wasn't even aware of this particular defect in the property, and, consequently, could not have disclosed it even if he had felt that it was the right thing to do.

I would therefore conclude that you're without a remedy.

Re: Line of sight easement

Further research into this matter impels me to amend my previous answer that you appear to be without a remedy

in light of the Virginia Supreme Court's decision entitled Haisfield v. Lape (Record No. 012881 issued 11/01/02)from which is excerpted the following:

"The line-of-sight easement in this case is clearly an encumbrance upon the property restricting its use in such a manner as to render the title unmarketable. The existence of the easement is not an open, visible, physical encumbrance of the property that might have been considered in the establishment of a purchase price."

While the facts of this case undoubtedly differ from those of yours, each would appear to share broadly similar issues which would merit further investigation of your claim to a remedy for your particular situation.

I would therefore recommend that you arrange for a consultation with an attorney who is knowledgeable and experienced in real property and land use matters in the area where this property is located. (And bring the Court's full opinion of this case with you in case the lawyer doesn't happen to have it at hand.)