Vancouver woman sues for $30K claiming neighbour ruined her view | Daily Hive

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The owner of a rooftop condo is taking her neighbour to court after she says she lost what she describes as “breathtaking views” and suffered a “loss of enjoyment of life.”

According to the summary report, the plaintiff, Naimoi Arbabi, is suing Colleen Mclelland, her neighbour whom she shares a rooftop deck with, for “trespassing” after allegedly installing a 1.7-metre privacy wall.

Arbabi claims the barrier was installed on September 5 and obstructs the apartment’s views of the ocean, mountains, and Stanley Park.

Arbabi says she bought her home in June of 2021 and that her views were among the biggest factors for the purchase. She says she had researched to determine if a neighbour had the right to block the view.

Mclelland previously had a privacy wall that was “much shorter and clear,” according to Arbabi’s lawsuit, and the new wall has diminished the property’s value.

A woman is taking her neighbour to court for installing a privacy wall on the roof of their Fairview building (Google Maps Screenshot)

Arbabi alleges that she has made several attempts to rectify the matter privately to no avail.

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Arbabi is seeking $30,000, $1,000 for each day the wall has been in place, with an additional $4,200 paid by the court for administrative fees.

Another neighbour, whose suite borders Mclellans on the opposite side, allegedly removed and disposed of the privacy wall without the strata’s permission. This neighbour was not named in the legal documents.

Mclelland filed a statement of defence on October 24, stating the dispute should be considered under the jurisdiction of the Strata Corporation.

She argues that the court is not the appropriate place to resolve the matter.

The issue is ongoing, and the next hearing for the lawsuit is scheduled for November 29.

None of the allegations have been proven in court.