By Maria Keeney In short, yes. Lake view is one of your riparian rights. If you own lakeshore property, you are afforded the following riparian rights (also called littoral rights) according to the Public Trust Doctrine. 1. Access (right of swimming, boating, fishing, etc.)
2. Navigability (right of access to a point of navigability)
3. Right to erect structures (right to erect docks and boat lifts, etc.)
4. Water use (right to use water for domestic purpose)
5. Accretions (right to land obtained by water level fluctuation)
6. View (right to view and right to preservation of view) There are many ways your right to lake view might be infringed upon. Here are a few scenarios: Pretend you just bought a beautiful lake home with a gorgeous view of the lake. You continue to enjoy this view undisturbed for the next few years. Until one day a neighbor builds a large three story home closer to the shoreline which results in your lake view being severely diminished. You may have purchased a lake home in the winter time. When spring arrives, your adjacent neighbor places their dock and boat lift so that it extends in front of your home and not theirs, obstructing your view as well as your access. Maybe an adjacent neighbor remodels their boat house by the lake making it a double story boat house, which in turn obstructs your view of the lake. Or a tall fence is erected along the property line, which results in your inability to enjoy the same view of the lake you once did. You could also quite possibly have a case for the riparian loss of right to view when you dont even own lakeshore. There was a case that involved ocean views in Florida whereby a condo owner that did not even own lakeshore sued a developer who built a structure directly in front of the condo owners view of the ocean. The condo owner lost his entire view of the ocean but recovered damages in a court of law. The above scenarios may or may not be serious infringements. It most often depends on the characteristics of your lot. Many people just dismiss the loss of a lake view as the cost of development, but others see it as an infringement on their riparian rights.
If your lake view has been diminished in some way, you will be glad to know that there are remedies. First, check with your local city or county to determine if there are any ordinances that are being violated. If so, the activity causing the infringement on your riparian right may be stopped. Second, you may be able to communicate with the neighbor who is infringing on your views and ask them to modify their plans. Keep in mind that attempts to resolve these types of disputes with neighbors rarely works because the neighbor has probably already contemplated your loss of lake view during the planning phase and determined they would go ahead anyway. So make sure you keep your communication as non-confrontational as possible to avoid damaging your friendship as well. It is a cheap alternative and one that might work. You are also letting your neighbor know that you oppose his/her actions. The last remedy you can try is to take them to court. Be aware that the law is not clear on decisions regarding the riparian right to view. This is intentional because every situation must be handled uniquely. The nature of shorelines, water level fluctuations, amount of land relative to adjacent owners, what is "reasonable use", etc could all have impacts on whether the court decides in your favor. Of course, if you have an obvious inequity you stand a better chance in a court of law, but as in all court cases you cannot predict the outcome with any certainty. That said, if you feel that your riparian rights have been infringed upon and have tried other alternatives for remedy to no avail, you can always ask a court of law to decide whether or not monetary or injunctive relief should be granted in your favor. Good luck and enjoy your lake view! Author: Maria Keeney, http://www.LakefrontOwner.com - A website for lakeshore property owners that offers articles about lake topics, lake forums, online shopping for lake related items, a bookstore, lake homes and other resources. Article Source: http://EzineArticles.com/?expert=Maria_Keeney http://EzineArticles.com/?Is-Lake-View-One-Of-Your-Riparian-Rights?&id=346799 personal loans rates
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