FChat OT: Need help! New construction obscures lake view! | FerrariChat

FChat OT: Need help! New construction obscures lake view!

Discussion in 'Other Off Topic Forum' started by Tad Cody, Jul 25, 2007.

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  1. Tad Cody

    Tad Cody Formula 3

    Sep 9, 2006
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    Hopefully someone here has some advice or suggestions on this matter, as I am a bit distressed about an unpleasant situation that is materializing literally before my eyes...

    I bought a very nice house on just over 5 treed acres in the West Hills of Portland, Oregon about 5 years ago (August 28th will be the 5 year anniversary). One of the main reasons I opted for this specific house is the phenomenal view- I am on a hill with a territorial view looking directly over a six acre lake on my next door neighbor's property (they have a total of 72 acres).

    Recently, the neighbors have listed the house for sale, and apparently have found a potential buyer whose purchase is contingent upon there being a secondary building site for an additional dwelling.

    I looked off my front deck this evening to discover that there is a large area of disturbed ground immediately between myself and the lake, with orange flags around the perimeter.

    My concern is obviously that it appears that they are going to potentially select this site, of all the 72 acres, to build the second structure, which will significantly obstruct my view, be the only building visible from my property, and in all probability, reduce the value of my property, which just appraised rather nicely (May 2007), with (in the words of the appraiser) "Million dollar view".

    As this will likely affect my property value, and will negatively impact my view of the surrounding area (large trees and the lake view), I'm wondering if I have any recourse to block construction on this part of the site, hit them with an injunction, or somehow tie it up in the courts sufficiently to influence the decision to build elsewhere (or perhaps even dissuade the potential purchaser from going through with the deal)... or perhaps even sue the seller or buyer to recoup the loss of value that this will inherently create.

    Please help, as my psychological well-being is largely linked to the tranquility of my home, which will be severely compromised if this construction takes place in my view...

    I will try to add a picture shortly to show you all what a phenomenal view I have, and how awful it would be if this is allowed to happen.

    Thanks for your thoughts and advice!

    Best wishes,
    Tad
     
  2. Tad Cody

    Tad Cody Formula 3

    Sep 9, 2006
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    View from 2nd floor deck:
    [​IMG]
    View from 3rd floor deck showing the possible building site:
    [​IMG]
    -Tad
     
  3. DrStranglove

    DrStranglove FChat Assassin
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    Oct 31, 2003
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    I was on the other end of this problem a few years ago. It did end amicably and we built somewhere else. However, as we found, there was absolutely nothing the other land owner could do. It was our land and as long as the structure fit existing local codes, he was SOL.

    I am willing to bet you are, too. Even though you may be able to sue and delay the action, you would almost certainly loose as your right to a view will not be greater than his right to use his land. And if it were me and you really pissed me off, I would just clear cut and work on your view then.

    Your best bet is to try what I call "personality based interdiction." In other words, make friends with the guy and hope he will see reason. Or you could make an offer and just buy the tract of land. This, in fact, is the only sure way to end your problem. Otherwise it will always hang over your head and view!

    Hope this helps.
     
  4. SrfCity

    SrfCity F1 World Champ

    Do you have another view of the lake you describe? No offense but that picture shows what looks to be a man made section or pond.(it looks pretty squared off) You may want to check with planning and find out what they are allowed to build. Then check with the current owner and see what's up. He'll know as they're staking off his property. If it's something that is not allowed then you could make a fuss. These days planning departments are pretty strict with what you can and can't build, how close to the water, sewage restrictions etc. Yea, it's a tough one but if you don't own waterfront to the lake then you run the risk of this happening some day. Good luck.
     
  5. GrigioGuy

    GrigioGuy Splenda Daddy
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    Nov 26, 2001
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    Lake? It's a stock tank.

    Anyway, as always the advice boils down to "talk to a good local attorney." Most likely, you're just SOL. Sorry.
     
  6. 350HPMondial

    350HPMondial F1 Veteran
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    Feb 1, 2002
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    SOL (sorry)

    You should have bought His lot also.
     
  7. bannedleader

    bannedleader Karting
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    Mar 6, 2007
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    ...similar situation from the opposite side when I built. My humble little share croppers shack (5k ft. brick French- country W/ 1k ft garage) blocks the view of the Grand River basin and west view of those glorious Lake Mich. sunsets. To quote my slime b....... um, I mean ,lawyer..."he should have opened his wallet instead of his mouth" SOL indeed. Jerry
     
  8. SRT Mike

    SRT Mike Two Time F1 World Champ

    Oct 31, 2003
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    Not to sound too offensive but it sounds like you are really overdramatizing this. Your psychological well being is tied to having a view of the man-made pond??? That sounds a little ridiculous.

    Anyway, one thing I have learned is that you CAN NOT rely on your neighbors not to do something that it is their right to do. If you want to 'own' the view from your window to that water, you need to own the land. There is nothing else you can do.

    If your neighbor owns the pond and the land next to it, you gotta have some serious gall to think he should be prevented from building on that land.

    Here's your solution - your home appraised for $$$$ you say, and a big part of the value is the view... well, take out a home equity line and go pay the guy to own the land. If it contributes to the value of your home, you should want to buy it to preserve that.

    Failing that, you are SOL and he will build a big house that blocks your view, and you will suffer psychological distress, apparently.
     
  9. Tad Cody

    Tad Cody Formula 3

    Sep 9, 2006
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    Well, although it's not at all what I wanted to hear, thanks for the responses which pretty unanimously spell out that I'm SOL.

    Sorry if it sounds 'overdramatized' but the reality is that I moved out of the city so I wouldn't have to see my neighbors, and the trees and lake are all a part of the tranquil setting that I paid for when I bought the land.

    I don't want to debate the lake/pond/reservoir/stock tank issue, but the 'body of water' is 6 acres in surface area, 43 feet deep at the deepest point, has two rivers flowing into it, and yes, the side to the far right is the man-made portion, which gives it a squared-off appearance from the photos, but in fact, it is not square at all, and more than half of the 'body of water' is to the left behind the trees.

    There are eagles, osprey, herons, geese and ducks that regularly drop by, as well as the larger animals like deer and elk that come down to water, so it's not simply the view of the water itself that is at issue here.

    In any case, I guess I'll have a chat with the neighbors and see if I can purchase an easement or chunk of the property to prevent this. Failing that, I'll consult my attorney to see if there is any remedy. Of course, if I had the full asking amount, I would already have bought it.

    Thanks anyway.

    -Tad
     
  10. MikeAR303

    MikeAR303 Formula 3

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    It's not your land, so either buy it or quit crying about it.
     
  11. 62 250 GTO

    62 250 GTO F1 Veteran

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    Reason with him. I don't know a single law in the history of the world that will support you.

    Explain and appeal to his inner good.

    If that doesn't work... I know what I would do.
     
  12. 62 250 GTO

    62 250 GTO F1 Veteran

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    Not to me, you paid good money for a purpose now it might be going out the window.

    Tough luck and best of luck with the neighbor.
     
  13. parkerfe

    parkerfe F1 World Champ

    Sep 4, 2001
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    It looks more like a pond than a lake.
     
  14. SrfCity

    SrfCity F1 World Champ

    Erect some hideous statue or similar to scare off any potential buyers. ;) Let us know how it turns out?
     
  15. frefan

    frefan F1 Veteran

    Apr 21, 2004
    7,370
    You cant own a view and therefore someone cant take it away from you. You have no case. Tie it up in court you will eat all their attorney's fees plus damages. I wouldn't even consider it.
     
  16. BigTex

    BigTex Seven Time F1 World Champ
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    Sadly you have no control without Title......we had an adjacent tract purchased recently..

    They hauled in illegal fill diverting sheet flow runoff to our property, cut seven magnificent 100' 30" caliper oak trees...

    Then blocked up a double wide modular home 5' off our common property line.....

    Our view of the daily sunset is now replaced by 330' of 8' 0" tall wooden fence constructed at my fiancee's expense, and my back breaking personal labor.

    Work continues as I am able, on huge cuts of swale diverting the runoff.

    The letter from our lawyer was met from one from theirs....not worth the effort.

    Good luck with a person to person effort, in our case they are very agressive rude people from another country........oh yea, they removed the land from the tax roles...reclassifying the double wide as a 'church'.......

    ;)
     
  17. dm_n_stuff

    dm_n_stuff Four Time F1 World Champ
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    Appeal to your new neighbor, there's no telling how cooperative he might be before you ask.

    I had a similar, but much smaller problem with my new neighbor.

    Went over, talked about it, and he put his obstruction elsewhere.

    Unless the pond/lake is integral to the structure, he may very well move it.

    Offering to help mitigate the cost may help too.

    DM
     
  18. bounty

    bounty F1 Veteran

    Feb 18, 2006
    7,769
    San Diego, CA
    Throw big loud parties when the potential buyer is near.

    Paint your house bright orange.

    Install a speaker system and play rap music, death metal, or just yell made up stuff as though ordering your wife around via speaker.

    Invite every Harley rider you know over to cruise up and down your street when buyer is over in exchange for food.

    BUILD YOUR OWN DAMN POND....er LAKE!

    When buyer is in site...run naked down the hill and jump into the pond yelling "IT'S MINE! IT'S MINE!!!"
     
  19. MarkPDX

    MarkPDX F1 World Champ
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    I can't see the pictures you posted links to but is the lake you refer to one of the reservoirs up there in the Washington park area? I'm sure there is some commie dictatorship branch of METRO that you could probably get involved if you really wanted to try and block it but that could also bite you in the ass. Talking nice to them would probably be your best solution... In my experience "views" can be a temporary thing if you do have a bunch of firs around. Place I grew up used to have a great view of Mt Hood that is now completely obscured by the trees. Short of going crazy with a chainsaw there is nothing really to do about it, accept that things change.
     
  20. dm_n_stuff

    dm_n_stuff Four Time F1 World Champ
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    BT,

    As I hijack yet another thread, please forgive me.

    Sounds like the perfect spot to build that new dyno and lift garage you've always wanted. It would back up nicely to their double wide.

    I also suspect that 6 AM Sunday tune ups and muffler-less dyno runs would do wonders for the inter-neighbor relations. :D

    Dave
     
  21. quartermaster

    quartermaster Formula 3

    Sep 11, 2005
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    You do not 'own' a view unless you 'buy' it.
    Sorry.
     
  22. Tad Cody

    Tad Cody Formula 3

    Sep 9, 2006
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    Update:

    After several discussions of our concerns with the neighbors, we just got word yesterday that the build site has been moved out of our line of sight and to the right, where an existing barn sits. Ground there requires less preparation, as it is already level and graded, and the considered location in our view will be used for perc. & septic only *(which also hopefully means it will be a long time before someone does build there!).

    Dodged the bullet this time... phew!

    Thanks again to all who contributed...

    Tad
     
  23. rpps

    rpps Formula 3

    Aug 20, 2005
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    Personally, I think that you should have no say in what your neighbor intends to do with his own property but I am glad to hear it all worked out in the end.

    Reminds me of problems in many Northern New Jersey towns as of late. A lot of neighbors of wealthier individuals are attempting to influence or stop builders of mini-mansions. Neighbors claim it is a "quality of life" issue.
     
  24. tatcat

    tatcat F1 World Champ
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    Sep 3, 2001
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    sneak over at night and move the flags. chances are the owner is using a general contractor who will hire subs to do the work. they won't question the location if the flags look right.
     
  25. Horsefly

    Horsefly F1 Veteran

    May 14, 2002
    6,929
    Must be based on future inflationary values fueled by wildly inflated real estate markets driven by imaginary mineral rights, because that view only looks like a $37,852 view to me.
     

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