Tag Archives: view rights

NEWS: 6/21/19 COURT OF APPEAL GUTTED VIEW RIGHTS PROVIDED BY THE MARQUEZ KNOLLS’ CC&Rs; 8/9/19 seeking California Supreme Court review

The Court of Appeal just gutted the Marquez Knolls CC&Rs.  Eisen v. Tavangarian – filed June 20, 2019, Second District, Div. Seven , full text click here. Paragraph 11 of Marquez Knolls CC&Rs provides: “No fences or hedges exceeding three … Continue reading

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(THIS POST HAS BEE UPDATED.) Marquez Knolls’ view rights under attack again (Eisen vs. Tavangarian)

Eisen, Tavangarian, Zabrucky v. McAdams, view rights, CC&Rs,  Justice Dennis M. Perluss, John L. Segal Continue reading

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View Rights in the Hollywood Hills (Rising Glen Road and the Beverly Highlands Homes Association)

One of the key features of property in the Hollywood Hills are the incredible city and ocean views enjoyed from most of the lots.  However, many property owners learn after closing that their views are not fully protected.  The time … Continue reading

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Recent Developments in Neighbor vs. Neighbor Encroachment Related Disputes

By: Keith J. Turner and Angelica J. Varela Sometimes the development and use of property goes beyond the property line, such as driveways and landscaping improvements, which are called “encroachments.”   (An “encroachment” is the extension of a building or other … Continue reading

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Neighbor Disputes: Law and Litigation

Keith Turner and Don Franzen have been acknowledged as consultants in a new book,Neighbor Disputes: Law and Litigation. Published by the California State Bar Continuing Education Program, the book covers all aspects of neighbor disputes, including view rights, boundary line … Continue reading

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100% Attorney’s Fees Win in View Rights Case

The Turner Law Firm was awarded 100% of its attorney’s fees and costs in a view rights dispute.   The case is important because it concerns the reciprocal nature of statutory attorney’s fees provisions, including whether they apply if the defendant … Continue reading

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View Rights Dispute in Malibu

It is time to change California law so as to provide property owners with some basic view rights.  English common law long ago recognized the doctrine of “ancient lights,” under which a landowner acquired, by interrupted user, an easement over … Continue reading

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example of preliminary injunction denied (Marquez Knolls)

Many view rights cases are effectively decided at the TRO or preliminary injunction stage, to stop construction of the new or bigger home or structure.   Thus, both sides have to present their best evidence at the beginning of the case. … Continue reading

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