Sunlight & Scenery: When the Neighbor’s Expansion Encroaches

Sunlight & Scenery: When the Neighbor’s Expansion Encroaches

“My neighbor is building out to the end of his property line, and my once beautiful, bright kitchen has turned dank and sunless. Besides, the value of my property is now reduced by thousands of dollars. Can the Beis Din please issue a stop order?”

The Shulchan Aruch outlines to what extent new construction by a homeowner may block the sun from illuminating the neighbor’s home. Aside from establishing the specific measure of daylight that must be maintained to allow for completing daily tasks, there is little leeway in halachic literature to support the neighbor-claimant on the above issue. There is no discussion in sifrei halachah for another, similar popularly professed right—that a neighbor’s new or expanded home may not block scenic views; most halachic authorities, and many contemporary Batei Dinim, would not consider arguments that a neighbor’s construction infringes on an owner’s quality of life, or even a loss in property value, by the obstruction of sunlight or scenery. For the neighbor-in-construction to be found liable there would have to be hezek (objective damage) beyond the loss of something desirable to the homeowner.

While a neighbor on an adjoining lot has little recourse, halachah is clear on the prohibition of building on someone else’s property without reshus (permission). Therefore, construction on multi-home properties requires permission from the condo board or co-owners.

Nonetheless, with regard to construction on privately owned property, there are poskim who encourage discussing expansion plans with the near neighbors before work begins as good practice.

https://halacha2go.com?number=687

Practical Halacha: One minute a day. By Horav Yosef Yeshaya Braun, shlita, Mara D'asra and member of the Badatz of Crown Heights.