Court Defends Right To A Beautiful Vew

[Mulboyne]

(YMMV)

Yomiuri: Court halts plans for view-spoiling seafront home
The Yokohama District Court's Odawara branch has ordered a landowner in Manatsurumachi, Kanagawa Prefecture, to suspend a plan to construct an eight-meter-high house near a villa, saying the plan would deprive the villa's owner of the right to enjoy beautiful scenery, it was learned Thursday. The villa's owner had filed an application for a provisional injunction to stop the house being built, saying it would block the view of Sagami Bay from the villa. The landowner planned to construct the house between the villa and the sea. Presiding Judge Masashi Katada ordered the suspension Monday, saying, "The beautiful view from the villa deserves legal protection." The ruling said the professor has the right to enjoy the scenery while using the villa. It is unusual for a judicial decision to ban a construction project to protect a view, a source said. The application was filed by a 59-year-old professor of a private university in Tokyo, whose family has used the villa -- located on a hill on the Manatsuru Peninsula -- for more than 30 years.

The woman who purchased the land next to the villa in 2006 planned to construct a two-story building 8.3 meters tall and more than 40 meters wide. The house was designed with the living space on second floor and plans for the building were confirmed in August. "If the house was constructed according to the plans, the beautiful view of the horizon and the streets on the hill would be blocked out," the professor said. The woman, meanwhile, said the area that would be blocked from view would be very small, adding that it would cost a significant sum of money to change the plans. The ruling said: "Though it would have been possible to ensure a fine view [from the villa] by constructing a one-story house, [the woman] designed the house based purely on her fancy, and made no attempt to negotiate in advance. [The plan] constitutes an infringement of the right to a view." Katada made additional remarks, saying the parties involved should consult with each other and try to reconcile their claims.

There have been several previous cases related to views and landscapes. In a 1969, a lawsuit was filed in an attempt to fell cedar trees on an avenue undergoing construction work to widen a national highway in Nikko, Tochigi Prefecture. However, the Utsunomiya District Court recognized the trees' cultural value and authorization for the construction project was revoked. In 2002, the Tokyo District Court ordered a construction firm to reduce to 20 meters the height of a condominium in Kunitachi, Tokyo, on the grounds that the structure ruined the view that residents in the area used to enjoy. However, the Tokyo High Court overturned the lower court's ruling. In January, the Tokyo District Court turned down a lawsuit filed by residents seeking a provisional injunction to prevent manga artist Kazuo Umezu from building a red-and-white striped house in a residential area of Musashino, Tokyo.

[Mulboyne]

This is apparently the actual view and the effect of the proposed building:

[Number11]

I can appreciate them both wanting a view and each of their positions. Even though precedent has limited standing in Japanese law, you have to wonder if people who have had their views blocked in the past, and those in the process now or in the future, will feel more confident about going the saiban route now.

[Mulboyne]

Incidentally, that picture of Mt. Fuji above is genuine.

[Samurai_Jerk]

This is apparently the actual view and the effect of the proposed building:

Man that would suck but it'd also suck to buy a property with plans of building your dream home only the be cock blocked by a neighbor and the courts.

When I was a kid my best friend's parents built an addition to their house that was a lot taller than anything in the neighborhood. It looked almost like a church steeple. The neighbors went apeshit claiming is blocked their view of the mountains and the woods. It got to the point where people were protesting in front of their property and egging their house. They built it though and everyone eventually gave up.

[amdg]

Back in Oz the people behind our beach house took us to court and, eventually, won so we had to lop off the crowns of several of our trees on the property. The natural growth of the trees was obstructing their ocean view. I can empathise with them, but I think when you buy a property you can't expect the very trees around you to remain the same height.