New Commercial building with windows looking at backyard and pool

[aphid310@gmail.]

Hi all. I'm in Austin TX. Recently a single story veterinarian office was torn down behind my house and a new two story one was built. No notices were given because they claimed exemption for keeping one wall. Which they didn't. My dog goes there and they do great work. So the only reason I found out was because I'm on their newsletter.

So when I told the adjacent neighbors we set up a meeting with the new owner. He assured us that the Windows would be frosted and a privacy fence or bamboo wall would be put in place. Well they opened last weekend and neither have happened.

Now there is radio silence when trying to reach them. And they just announced that they'll be open till 9pm Friday and Saturday. Pretty much renders my pool useless for family get togethers and neighborhood parties. Nobody wants to be peeped on in a bathing suit and I've got my friends kids and neices and nephews. No telling who they hire.

I'm also afraid this just cause me to loose 100k+ in home value. Is there anything to be done?

 

[NIV]

Your state recently re-stated the law of nuisance with:
http://www.txcourts.gov/media/1400129/150049.pdf

It is a long and fairly boring case and I would not get bogged down with the details as they don't apply to you. You are looking at the case for the principles of nuisance so you can assess as to if your facts rise to the level required.

 

[Just Blue]

Hi all. I'm in Austin TX. Recently a single story veterinarian office was torn down behind my house and a new two story one was built. No notices were given because they claimed exemption for keeping one wall. Which they didn't. My dog goes there and they do great work. So the only reason I found out was because I'm on their newsletter.

So when I told the adjacent neighbors we set up a meeting with the new owner. He assured us that the Windows would be frosted and a privacy fence or bamboo wall would be put in place. Well they opened last weekend and neither have happened.

Now there is radio silence when trying to reach them. And they just announced that they'll be open till 9pm Friday and Saturday. Pretty much renders my pool useless for family get togethers and neighborhood parties. Nobody wants to be peeped on in a bathing suit and I've got my friends kids and neices and nephews. No telling who they hire.

I'm also afraid this just cause me to loose 100k+ in home value. Is there anything to be done?

I guess you and all your pool guests never went to a beach huh? And are you really suggesting that your Vet hires perverts?

 

[NC Aggie]

Hi all. I'm in Austin TX. Recently a single story veterinarian office was torn down behind my house and a new two story one was built. No notices were given because they claimed exemption for keeping one wall. Which they didn't. My dog goes there and they do great work. So the only reason I found out was because I'm on their newsletter.

So when I told the adjacent neighbors we set up a meeting with the new owner. He assured us that the Windows would be frosted and a privacy fence or bamboo wall would be put in place. Well they opened last weekend and neither have happened.

Now there is radio silence when trying to reach them. And they just announced that they'll be open till 9pm Friday and Saturday. Pretty much renders my pool useless for family get togethers and neighborhood parties. Nobody wants to be peeped on in a bathing suit and I've got my friends kids and neices and nephews. No telling who they hire.

I'm also afraid this just cause me to loose 100k+ in home value. Is there anything to be done?

Short answer...NO! As long as the construction of the building and use fall within required zoning requirements then you really don't have any recourse. I mean, you could always sell your property and take a 100k loss or install your own privacy screening. But I don't think you can force them to do anything.

 

[NIV]

Most people have a desire for privacy. It is emotionally upsetting to know that one could have considered their back yard private yesterday and public today through no fault of their own. Anyone who felt such upset might want to justify it with some intellectual excuse when they don't want people to think they are deciding from emotion. Such justification does not change the underlying issue, does the thing we are talking about interfere with the use and enjoyment of the OPs real property?

It seems the building owner recognizes they may have a problem and promised to mitigate it. They did not. I don't know if anything was given up for the promise of mitigation (like objection at a zoning meeting) or if the building overseeing the OPs backyard would be considered reasonable. But, zoning regulations are basically a codification of nuisance-type restrictions. If one does not follow zoning, a person can object even if the use and enjoyment of their property are not affected. The reverse is not true. Zoning compliance does not eliminate a property owner's right to sue on common law nuisance. Some think of it as violation of zoning is like nuisance per se.

 

[NC Aggie]

Zoning compliance does not eliminate a property owner's right to sue on common law nuisance. Some think of it as violation of zoning is like nuisance per se.

Actually the issue raised by the O.P. is two distinct issues...one is the property rights and the other is privacy rights. My understanding of common law nuisance is that it's related to property rights. And anyone has the right to bring suit to the courts almost anything on grounds of common law nuisance. However, the question would be is there merit and does the claim meet the required standard? IMO, it doesn't because the construction of the building doesn't inherently limit or change the property owner's ability to use the pool in any way.

As far as the question of privacy, you're only entitled to protection of privacy from people that trespass onto your property, not from people that observe activities or see things on your property from another property or public right of way.

 

[NIV]

Actually the issue raised by the O.P. is two distinct issues...one is the property rights and the other is privacy rights. My understanding of common law nuisance is that it's related to property rights. And anyone has the right to bring suit to the courts almost anything on grounds of common law nuisance. However, the question would be is there merit and does the claim meet the required standard? IMO, it doesn't because the construction of the building doesn't inherently limit or change the property owner's ability to use the pool in any way.

As far as the question of privacy, you're only entitled to protection of privacy from people that trespass onto your property, not from people that observe activities or see things on your property from another property or public right of way.

Use AND ENJOYMENT. Can the OP swim nude now without problem? Can the vet now object that little kids bringing in their kitties can see OPs titties? The use and enjoyment of the pool are certainly affected.

 

[Ohiogal]

Use AND ENJOYMENT. Can the OP swim nude now without problem? Can the vet now object that little kids bringing in their kitties can see OPs titties? The use and enjoyment of the pool are certainly affected.

It wasn't legal for her to swim in the nude before. Unless OP blocked off the view. That is the simplistic view... the vet's office has been there.

 

[LdiJ]

It wasn't legal for her to swim in the nude before. Unless OP blocked off the view. That is the simplistic view... the vet's office has been there.

Yes but it did not have a second story before. I suspect that there was a privacy fence that blocked off the first floor.

 

[aphid310@gmail.]

I guess you and all your pool guests never went to a beach huh? And are you really suggesting that your Vet hires perverts?

I don't own the beach

 

[aphid310@gmail.]

Yes but it did not have a second story before. I suspect that there was a privacy fence that blocked off the first floor.

Yes. It was a single story vet office before it was bought out and demoed to make a second story new vet office.

Side not. It's not illegal to be topless in austin.

 

[aphid310@gmail.]

Also, there was a 6 foot fence. Buy they must have raised the elevation of the new foundation because it doesn't even obstruct the top half of the first story now. All big panoramic glass

 

[Just Blue]

I don't own the beach

You're the one that said "people don't want to be peeked at in their swim suits. "

Guess you should have said don't want to be peeked at in the backyard in their swim suits.

 

[aphid310@gmail.]

You're the one that said "people don't want to be peeked at in their swim suits. "

Guess you should have said don't want to be peeked at in the backyard in their swim suits.

I feel like you leave the best YouTube comments

 

[NIV]

Also, there was a 6 foot fence. Buy they must have raised the elevation of the new foundation because it doesn't even obstruct the top half of the first story now. All big panoramic glass

You'll have to see a local attorney to see if there is anything that can be done. I think there might be some negotiation possible to avoid litigation. I agree with the others that there is no assured result. In addition to the case I cited for the law, some older cases that might guide as to how hard you might want to fight. Don't focus on the result of any of them, but on the discussion. None have your exact facts.

Good for you on nuisance, bad for privacy:
GTE Mobilnet of South Texas v. Pascouet, 61 SW 3d 599 - Tex: Court of Appeals 2001

Good for you on privacy:
Baugh v. Fleming, Tex: Court of Appeals, 3rd Dist. 2009

Survellence cameras and privacy may be nuisance:
Webb v. GLENBROOK OWNERS ASSOCIATION, INC., Tex: Court of Appeals, 5th Dist. 2009

By the way, were there any official discussions during zoning hearings like a variance? Did you give anything up like attending any zoning hearings because of the vet's promise to mitigate any nuisance?