real-estate
Can I block an ADU that blocks my ocean view, invades my privacy, and casts a shadow on my solar panels?
<p>A neighbor intends to construct an ADU that will completely block my ocean view and invade my privacy by inviting residents to congregate directly in front of my living room windows. Also, at 16 feet in height it will cast a shadow on my existing solar panels. Can he do that?</p>

<p>It depends on the location and the nature of the structure. <a href="http://www.seattle.gov/sdci/permits/common-projects/accessory-dwelling-units" rel="nofollow noreferrer">In Seattle</a>, for example, it requires a permit. Usually, any such structure does require a building permit, which means that the government has to approve the plans w.r.t. offset requirement, height requirements and so on. There may be a view ordinance, or not; you may have a view easement, or not. Whatever the case may be, you should not assume that the government agency in charge will vigorously work to protect your interests over the neighbor's interest. You own attorney is the one who will vigorously and professionally defend <em>exclusively</em> your interests (likewise, the neighbor's attorney). Your description doesn't explain how this would &quot;invite residents to congregate directly in front of my living room windows&quot;, which seems unlikely for a dwelling. If for instance this is really a bar and not a dwelling, then zoning issues about businesses arise.</p>

<h1><a href="https://www.stacklaw.com.au/news/planning-and-environment/can-you-own-your-view/" rel="nofollow noreferrer">You do not own the view</a></h1>
<p><a href="/questions/tagged/new-south-wales" class="post-tag" title="show questions tagged &#39;new-south-wales&#39;" rel="tag">new-south-wales</a></p>
<p>Providing that the development complied with local planning requirements under the <a href="https://en.m.wikipedia.org/wiki/Environmental_Planning_and_Assessment_Act_1979" rel="nofollow noreferrer">Environmental Planning and Assessment Act 1979</a>, your neighbor can do what they like.</p>
<p>Very occasionally there may be a covenant over the land that protects the view. It’s very rare but can happen where the blocks were part of the same subdivision and the developer decided to protect the view for some reason - often because they were keeping the land so protected.</p>
