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Air Rights and Viewscapes in Uptown


voyager12

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As the condo towers begin to emerge in the next few years I wonder if conflicts will arise over ownership of air rights and viewscapes. The people that move into the towers are going to want the views they were promised in the shiny brochure and trendy website They would not appreciate another building going up directly in front of their home blocking views and light. I know its a thorny problem in cities like New York and Chicago. Any talk of the issue in Charlotte?.

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That is a very good point, but hopefully people plunking down half a mil aren't dumb enough to think that the vacant lot between their new condo and the skyline will be vacant forever.

I know there are some cases where the new developer gets a no build easement. I know Courtside has a no build easement to ensure that a building won't be built on the Autumn Place site that is too close to the Courtside building. I think it just covers maybe 30 feet or so, so there is still the possibility that building will block the view, but it will be far enough away to still get sunlight to their windows.

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As long as a building has zoning approval, I don't see how a property owners on one plot of land in NC, can tell property owners of different land what they can or can't do with their property.

I think one circumstance is if your property uses solar power and someone builds something that blocks your access to direct sunlight.

I read an article recently about one state - I think it was in New England, maybe Vermont or New Hampshire - that reassessed its property values by incorporating a subjective assessment of a property's view. So all along if you've lived in a modest cabin out in the boonies and paid a very small tax bill, all of a sudden the taxing authority can say your view of the great outdoors is a taxable asset (possibly worth more than your property itself...). Some folks had their tax bills increase 4 or 5X +... even though they get basically no services.

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I think one circumstance is if your property uses solar power and someone builds something that blocks your access to direct sunlight.

I read an article recently about one state - I think it was in New England, maybe Vermont or New Hampshire - that reassessed its property values by incorporating a subjective assessment of a property's view. So all along if you've lived in a modest cabin out in the boonies and paid a very small tax bill, all of a sudden the taxing authority can say your view of the great outdoors is a taxable asset (possibly worth more than your property itself...). Some folks had their tax bills increase 4 or 5X +... even though they get basically no services.

what if a blind man lived there? :rofl:

:offtopic:

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  • 3 weeks later...

As long as a building has zoning approval, I don't see how a property owners on one plot of land in NC, can tell property owners of different land what they can or can't do with their property.

Apparently it is possible. This is an article about the growing sales of air rights in Raleigh, of all places...

http://www.newsobserver.com/104/story/402422.html

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