“Hi, Gary! A San Diego real estate agent on an open house near me said there’s a building restriction in our area which prohibits blocking more than 5% of any neighbor’s view, without their permission, even if the construction complies with the usual 30 foot above the grade limitation. Do you know of any such restriction in [my neighborhood]?”
Answer:
(Background: the area was built in the 50s, 60s, and 70s. This may be relevant to you if you’re buying a home.)
Sorry, but it sounds like the agent didn’t know what he or she was talking about.
Any such restriction would have to be in the CC&Rs (covenants, conditions, & restrictions) put in by the subdivision’s developer before the homes were built. CC&R view restrictions were rare when your home was built. And I’ve never heard of them in your neighborhood.
Further, your home is in a different subdivision than the home held open. It’s very unlikely that homes in different subdivisions developed at different times had the same CC&Rs.
Note: It’s possible but exceedingly difficult to get a sufficient percentage of homeowners in a given area to agree to new CC&Rs after homes are built. (This was done in part of north Pacific Beach several years ago when existing CC&Rs were ruled invalid.)
To be 100% sure, ask your title company to give you a copy of your CC&Rs and review them with a good real estate attorney.
