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Old 01.12.2020, 18:12
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Tree planting and view

Any help greatly appreciated. We live in a house. outside our house is a road, then a little wall of about 50cm, then on the other side is the neighbours. Their house is futher back, they have a garden in front of about 10m. All this is on a slanting hill, not that steep. I hope you are with me so far.

There is a new footpath being built along the side of the road and the neighbours have approval to plant two 4m trees to shield their house from the footpath, by planting them in their front garden. This is great, but it will now block out our view of the lake.

We spoke to the commune who said this is allowed, they can plant trees up to 9m as long as they are 2-4metres from their limit, which would royally screw us. They suggested talking to the neighbour, of course something we will do.

From a legal perspective however does anyone know if there are not regulations where a tree will obstruct the view ? It seems a bit unfair that we lose our view to some big trees just because the neighbour wants to plant them.

thanks
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Old 01.12.2020, 18:18
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Re: Tree planting and view

Hmmm, you expect us to know better than the commune you already asked?

But when I think about it, it is not logic to plant 4m high trees to stop pedestrians from seeing into the garden (where do you live? In giants-land?). So bushes would make more sense, like 2m high ones. imo. So "sell" this to your neighbours?
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Old 01.12.2020, 20:21
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Re: Tree planting and view

Iím not sure you have a legal right to the view - negotiating with the neighbors is probably your best bet and/or paying for the shrubs & landscaping. If you have legal insurance they might be able to help you.
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Old 01.12.2020, 20:41
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Re: Tree planting and view

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Any help greatly appreciated. We live in a house. outside our house is a road, then a little wall of about 50cm, then on the other side is the neighbours. Their house is futher back, they have a garden in front of about 10m. All this is on a slanting hill, not that steep. I hope you are with me so far.

There is a new footpath being built along the side of the road and the neighbours have approval to plant two 4m trees to shield their house from the footpath, by planting them in their front garden. This is great, but it will now block out our view of the lake.

We spoke to the commune who said this is allowed, they can plant trees up to 9m as long as they are 2-4metres from their limit, which would royally screw us. They suggested talking to the neighbour, of course something we will do.

From a legal perspective however does anyone know if there are not regulations where a tree will obstruct the view ? It seems a bit unfair that we lose our view to some big trees just because the neighbour wants to plant them.

thanks
I understand you don't like it. But it also "seems a bit unfair" that you suggest your neighbours cannot do reasonable landscaping on their property.

Im case you are renting, you might want to discuss the lake view feature with your landlord - although I can imagine how he/she will respond to this.
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Old 01.12.2020, 20:52
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Re: Tree planting and view

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Iím not sure you have a legal right to the view - negotiating with the neighbors is probably your best bet and/or paying for the shrubs & landscaping. If you have legal insurance they might be able to help you.
Yes I'll talk to the legal insurance tomorrow. It's a pity to lose the view but as you say it may well come down to the legal aspects of it. I'll update the thread as it goes along.
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Old 01.12.2020, 20:53
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Re: Tree planting and view

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I understand you don't like it. But it also "seems a bit unfair" that you suggest your neighbours cannot do reasonable landscaping on their property.

Im case you are renting, you might want to discuss the lake view feature with your landlord - although I can imagine how he/she will respond to this.
Agree fully, it's all about being reasonable. I'm the owner of the property who's view will be blocked.
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Old 01.12.2020, 22:14
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Re: Tree planting and view

If all you get is a glimpse that will now be blocked by a tree, it really doesn't sound like such a great deal
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Old 01.12.2020, 22:16
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Re: Tree planting and view

wow I feel for you- but it is difficult because the distance rules are about distance from property boundary and not height- and it seems not right to view- but could have right to light, to some extent.



How well do you get on with neighbours. Are they Swiss and do you speak French with ease? This is a difficult one and needs handling with a lot of tact.
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Old 01.12.2020, 22:18
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Re: Tree planting and view

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Yes I'll talk to the legal insurance tomorrow. It's a pity to lose the view but as you say it may well come down to the legal aspects of it. I'll update the thread as it goes along.
There is categorically no right to a view - many sites confirm this, for example:

https://www.zurich.ch/en/services/kn...ween-neighbors

And before someone asks for the legal reference - there isn't one, because there is no law on this point.

There are however a load of rules around the height of things on boundaries or blocking sunlight, this would be your best bet if talking doesn't work. But if the council said it was OK you don't have much chance on the regulation front.
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Old 01.12.2020, 22:22
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Re: Tree planting and view

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wow I feel for you- but it is difficult because the distance rules are about distance from property boundary and not height- and it seems not right to view- but could have right to light, to some extent.



How well do you get on with neighbours. Are they Swiss and do you speak French with ease? This is a difficult one and needs handling with a lot of tact.
Yes it's our understanding too, there is no legal right to a view, we realize we can't reasonably ask them to stop but we wondered if there was something hidden away about view alteration. We'll head over and talk to them this week.
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Old 01.12.2020, 22:29
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Re: Tree planting and view

A couple of other thoughts:

- What species are they planting? Something relatively open, and/or narrow at the top, would have a lot less impact on you. And be easier for them to maintain.

- If they really are going for something solid, point out that maintaining a 4m high bush is not trivial, whereas 3m is straightforward...
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Old 01.12.2020, 22:37
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Re: Tree planting and view

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A couple of other thoughts:

- What species are they planting? Something relatively open, and/or narrow at the top, would have a lot less impact on you. And be easier for them to maintain.

- If they really are going for something solid, point out that maintaining a 4m high bush is not trivial, whereas 3m is straightforward...
It's great advice thanks and yes we're going to ask just these kind of things when we call round.
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Old 01.12.2020, 22:45
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Re: Tree planting and view

be glad you are not in hong kong where you don't even have a right to light...
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Old 02.12.2020, 21:56
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Re: Tree planting and view

I thought I'd seen other posts here on EF that said the view could be considered part of OP's property value. Thus if the view is going to be obstructed, the value might decrease and OP could ask the neighbor to compensate for that loss?
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Old 02.12.2020, 22:44
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Re: Tree planting and view

Compensation for loss of view?

With the new builds in my area, I'm going to lose my view of the Roche pyramids towers in Basel. I'm wondering who I have to pay...
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Old 02.12.2020, 22:55
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Re: Tree planting and view

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I thought I'd seen other posts here on EF that said the view could be considered part of OP's property value. Thus if the view is going to be obstructed, the value might decrease and OP could ask the neighbor to compensate for that loss?
Plenty of posts from "mr outraged about new building" claiming that is or should be the case.

But AFAIK none of them ever got legal backing or evidence that it is true.
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Old 03.12.2020, 00:01
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Re: Tree planting and view

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I thought I'd seen other posts here on EF that said the view could be considered part of OP's property value. Thus if the view is going to be obstructed, the value might decrease and OP could ask the neighbor to compensate for that loss?
A view could be considered part of a property's market value... which is not quite the same thing. A view is part of the emotional response to a property, a buyer may be willing to pay more for pretty surroundings.

But you don't own the view. The only view you have a right to is what you see up to your own property line.

Even when you do your do diligence and determine the land around you is 'unverbaubar', that in reality only means it is not buildable today. Tomorrow, anything goes. You have to assume that someday someone will build on every scrap of land surrounding you.

As with everything in the Swiss property market, it's caveat emptor.

---

That said, I know of some cases around here where owners were offered a chunk o' cash (quid) in return for not objecting to a building project (pro quo). But in these cases building permits hung on getting neighbors' agreement (or lack of objection).

In the OP's situation, it sounds like permission is already a done deal. If that's the case the other property owners don't need the OP's cooperation. So there's likely no pro quo to quid.

---

Were it me, I'd be searching for a win-win. As others have mentioned, try to work with the other property owner to find a planting solution that works for you both. There are lots of privacy plantings with natural compact growth or that can be easily pruned to 2-3 meters.

Hope you find a workable compromise, Mikers.


Silver lining: Given rising temperatues, you might come to love those trees more than a lake view. Heck, given the scarcity of mature trees in residential neighborhoods here, some day trees might become a sought-after asset.
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Old 03.12.2020, 00:46
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Re: Tree planting and view

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Even when you do your do diligence and determine the land around you is 'unverbaubar', that in reality only means it is not buildable today. Tomorrow, anything goes. You have to assume that someday someone will build on every scrap of land surrounding you.
Unless you buy in a protected area, that is. These things are all public: in Geneva, towns publish their 'Plan Directeur Communal' (PDCOM) that defines the development of the town in the foreseeable decades including what and where will anything be built. everyone should research this before buying a property
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Old 03.12.2020, 09:01
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Re: Tree planting and view

Strictly speaking you do own the view - to the point precisely above your own boundary and no further.
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