Submitted by MartaG59 on Sat, 07/30/2011 - 13:22
Posted in
I've lived in the same house in western Massachusetts for nearly 20 years and have always enjoyed great views of the mountains from my front porch. Now the lot across the street was sold and the owner is building a house that I can tell when it's finished is going to block most of my view. So, the value of my house is going to drop and I can't enjoy the view anymore. I know the house doesn't violated height restrictions and all the permits are in place, because I checked. But does Massachusetts law give me any recourse to protect the view or recover damages because of the lost view? Thanks.
Neighbor's house blocks views
The general rule in Massachusetts is that, unless you have some local option (such as a city or town ordinance or a rule promulgated by a home-owner's association) there is little a property owner can do to prevent the building of a home that interferes with a view. You have already looked into the possibility of enforcing zoning and building codes, such as set-backs and height restrictions) so that option is not available either.
You can contact your local government or a local real estate attorney to see if your community has an ordinance that may help in your situation. However, most of the city and town view protection ordinances that I am aware of deal with overgrown trees, not with legally constructed homes. Sorry I can't be more help.