Legal Question in Real Estate Law in Virginia
property devaluation
I have a home that originally looked over a field with beautiful scenery.(it formally was a horse farm with a view of the mountains) Now there is a house being built the detracts from this view and dominates my back yards. Is there a legal recourse to this situation or some way to have this stopped,or a legal way to get the house foundation moved to a more appropriate location on the lot. I live in Gainesville Virginia. Thanks for your advice.--name removed--
2 Answers from Attorneys
Re: property devaluation
This problem occurs more frequently with the rolling development of "exurbia" such as the area around Gainesville which used to be mainly rural but now sprouts a variety of development that threatens to make it simply an appendage of Manassas.
Unfortunately, I know of no legal solution to the problem which you've described.
Re: property devaluation
I might add that the law does recognize something called a "view easement" but would doubt that it applies to your situation which would require a showing that in the deed to the property with the house under construction there is specific language which creates a view easement burdening this property for the benefit of your property in order to preserve the view from your lot of the distant mountain scenery(or whatever). If there were such an easement created in the deed to this adjoining property, you then would have clear legal recourse to enforce it and could likely have the offending structure moved.