Subject: Re: Sunlight "rights"?
From: blackman@dog-play.com
Date: 1998/01/28
Newsgroups: rec.gardens,misc.legal

Such rights do exist and in most states they are called "negative easements" because they don't give you a right to use another persons property (easement) but may give you a right to limit another person's use of their own property. It is EXTREMELY unlikely that you have such rights in this case. Sometimes a similar effect is accomplished by local ordinance. To research what rights you have look at your state laws and local ordinances regarding easements and set-backs. Also take a look at the book "Neighbor Law" published by Nolo Press.

Diane Blackman
diane@dog-play.com http://www.dog-play.com
Companion of Tanith and Oso; Nox, Yoda, Lady Greystoke and Mr. Doublestuff
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
You must speak to be heard.

In misc.legal -Bermes,T.L. wrote:
: Would anyone out there have any idea as to how one would
: go about researching one's "right" to sunlight access, if such a
: right exists?

: Here's the situation: Our property abuts an open field.
: We have a garden that is bordered by our property line as did the
: people who lived there before us (we've been there for ~16 years).
: The field is about to be developed into single family homes and I
: have a concern that no structures, trees, fences, etc. be placed
: in such a way as to prevent me from continuing to garden (i.e,
: blocking the full sunlight access that the garden has always had.

: Somewhere over the years, I seem to remember encountering
: something, somewhere that addressed issues like these and that
: there is some recourse for people in similar situations.


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Copyright © 1998, Diane Blackman

Contact Diane Blackman at: blackman@sonic.net