What can be done about neighbor’s view-blocking hedge?
Question: I have lived on a gulf access canal for the past 15 years. Recently, a new house was built next door, and they put in a hedge between our properties down to the seawall. The hedge is about 4 feet tall, but will definitely get a lot bigger. Although it doesn’t block my view now, I am concerned it will in the near future. What should I do?
– Bob C.
Answer: Although city code enforcement is disliked by some, when you look at our community it becomes evident we have pleasant looking neighborhoods in part because of their efforts. One area in which they have authority is the issue of waterfront views and hedges. Although there is no specific rule on how high a hedge can be, it cannot unreasonably interfere with the view of canals by next-door neighbors. If the hedge gets to the point of blocking your view, a call to code enforcement will commence a review of the situation, and could lead to a citation of your neighbor. Before you get to that point, if you feel comfortable doing so, either speak to or write to your neighbor expressing your concerns. I have found in my experience that being candid about potential issues can, in many cases, avoid the problem entirely. If the issue does go to code enforcement, you would be surprised how many factors the magistrate/judge will need to review in rendering a decision, such as slope of the property, thickness of the hedges, etc. If you can address your concerns directly with your neighbor, it could lead to a much more enjoyable relationship between you. Nobody likes code enforcement to be called on them. However, if you do need to call, they are there to help.
Eric P. Feichthaler has lived in Cape Coral for 27 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through his chairmanship of the Harney Point Kiwanis Club KidsFest, which provides a free day of fun and learning to thousands of Cape Coral families, and funds numerous scholarships. He has been married to his wife, Mary, for 13 years, and they have four children together. Recently, he earned his board certification in Real Estate Law from the Florida Bar. He is also a Supreme Court Certified Circuit Civil Mediator.
This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.