Can my Neighbor Block my View?

by Isaac Benmergui, Esq on February 9, 2015

Can my Neighbor Block my view?When you buy a home for the view, you may not consider the other properties around you and how they affect that view—until it’s gone. Whether it’s a line of trees or shrubs, a guest house, a privacy fence, or McMansion springing up next door, losing your view can feel like a serious infringement. When you buy a home specifically for the view, can your neighbors block it?

Some shorefront or mountainside cities and towns have ordinances that protect the views of property owners. A view ordinance protects a resident from having their view blocked by giving them the power to sue the individual who is responsible for blocking the view. Many times, these ordinances only govern trees. Homeowners associations in such areas may have additional ordinances that discuss fences, types of trees, buildings and other obstructions.

Another avenue to consider is purchasing an easement from your neighbor that protects the view from your property. An easement allows a certain use of a property by a non-owner for a stated purpose. Easements can be bought and sold, and can be drafted with the help of a real estate attorney. An easement that protects a view would specifically prohibit the property owner from doing anything to block the view.

Call Miami Real Estate Lawyer Isaac Benmergui at 305.397.8547 and set up a no charge, no obligation consultation to discuss your case. We have close to 10 years of experience handling Real Estate, Personal Injury, Immigration and Commercial Litigation cases throughout Miami and South Florida, and will use our expertise to help your case to the best of our abilities.

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How to Solve a Dispute Over Trees

by Isaac Benmergui, Esq on February 8, 2015

How do you solve a dispute over trees?Trees are often the source of conflict between neighbors. Even though mature trees can add value to a property, the leaves, branches, and fruit can hang over a fence or property line and cause a nuisance or damage a neighbor’s home or vehicle. So where do you draw the line in disputes over trees?

When a tree’s branches hang over the property line, the tree may be trimmed up to the property line. So if you don’t want your neighbor doing a hack job on your tree, arrange to have the trimming done yourself. However, if your neighbor does anything to damage or kill the tree—even if the part they disturb in on their side of the property line–they can be responsible for three times the tree’s value—anywhere from $500 to $2,500 for your average tree, to up to $60,000 for historic or landmark trees.

Trees that fall on the property line in whole or part are called boundary trees, and are treated as a kind of community property of the two property owners. Nothing can be done with or to the tree without the consent of both parties.

If a part of a neighbor’s tree falls and damages your property or injures someone, the neighbor can only be held liable if they didn’t exercise “reasonable care” in maintaining the tree with regular pruning and removal of dead limbs.

Neighbors are also allowed to help themselves to any fruit that falls to the ground on their side of the property, but aren’t allowed to pick it off the tree—even if it’s hanging on their side of the property line.

Call Miami Real Estate Lawyer Isaac Benmergui at 305.397.8547 and set up a no charge, no obligation consultation to discuss your case. We have close to 10 years of experience handling Real Estate, Personal Injury, Immigration and Commercial Litigation cases throughout Miami and South Florida, and will use our expertise to help your case to the best of our abilities.

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What are Borrower’s Rights?

February 7, 2015

WHat are borrower's rights?Taking out a mortgage is a huge decision—and one that has lasting consequences. For most people, it’s the biggest investment they will ever make. Because of this, borrowers have certain rights to help insure they are well informed before, during and after the mortgaging process.

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How Can You Stop Foreclosure?

February 4, 2015

How can you stop foreclosureWhen you can’t make your mortgage payments, but you don’t want to lose your home, what do you do? Are there any options? There are several ways to come out of foreclosure and keep your home. The most important thing you can do is to keep in touch with your lender, keep them informed of your situation, and try to work out a solution with them.

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What Happens When Your Home Forecloses?

February 3, 2015

What happens when your home forecloses?Foreclosure is a scary word—no one wants to be told they are going to lose their home. However, the foreclosure process is designed to give the homeowner many chances and lots of time to resolve the issue of nonpayment with the lender. Only when these two parties can’t work things out does foreclosure go through.

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