Neighborhood disputes, such as fence disputes in rural areas or view rights in urban areas, have and will always be the subject of disputes.
Neighbourhood disputes, such as fence arguments in rural areas or view rights in urban areas, have and will always be the subject of disputes.
A couple, following the construction of a residence on the neighboring property, addresses the Court* and sues their neighbor for the sum of $35,000. They allege, among other things, that this new construction, in addition to causing a loss of value to their residence, has taken away all the privacy they had before and a significant amount of light in their living space.
The evidence shows that the distance between the windows of the neighbors' residence and the lot boundary complies with the standards set forth in the Civil Code of Quebec. Furthermore, the judge rules that there has been no "deterioration of the property [of the couple], even though the construction of the neighbor's residence has had an impact on the privacy and light in their own residence."
Let us recall that the Civil Code stipulates that the right to property of some is limited by the right to property of others, and the wording of the Civil Code requires neighbors to tolerate normal disturbances of neighborhood. The couple did not demonstrate "how the inconveniences resulting from the neighborhood situation [...] are abnormal in an urban context and in accordance with laws and regulations."
Even if one desires to maintain all of their privacy and light in their living space, it is important to remember that we can live without friends, but not without neighbors.
*Court of Appeal (200-09-007912-121 and 200-09-007914-127)
