Neighbor Scaffolding Light and View Easement Dispute
Synthèse Legislator
Généré par l'IAA claim seeking damages for the unauthorized construction of scaffolding encroaching upon the airspace above a neighboring property, thereby obstructing light and views, was rejected because the appellate court correctly determined that the right to unobstructed light and view is only protected against constructions that violate legally prescribed standards for proximity, height, and alignment, and the scaffolding, being a temporary structure not constituting a permanent building, did not violate these established servitudes.
Regeste Legislator
Généré par l'IANeighbor Scaffolding Light and View Easement Dispute: A claim seeking damages for the unauthorized construction of scaffolding encroaching upon the airspace above a neighboring property, thereby obstructing light and views, was rejected because the appellate court correctly determined that the right to unobstructed light and view is only protected against constructions that violate legally prescribed standards for proximity, height, and alignment, and the scaffolding, being a temporary structure not constituting a permanent building, did not violate these established servitudes.