Obstructing the View from a Balcony
Question
We have a balcony that is located above the neighbors’ apartment. The neighbors have a pergola that is about half a meter above the height of their ceiling, which is the floor of our balcony. Now they want to cover their balcony with a canopy that is higher than the pergola, and this will significantly obstruct our view of the street. Is this considered hezek re’iyah, or some other form of damage? We tried to speak with them, but they are unwilling to listen. Is it possible to summon them to a Din Torah?
Answer
Hello and blessings
It is not possible to rule on monetary matters without hearing both sides.
On a general level: Based on what I understand, they are raising the pergola to the height of your floor, and they certainly do not have the right to do that. But if they remain within the height of their own floor, they may cover the balcony as they wish.
For guidance in monetary law—whether to file a claim or to arrange a telephone meeting with a dayan—call the Beit Hora’ah at 0733260800, extension 12.
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