In Allen v McDowell, an unpublished Michigan Court of Appeals case, the Plaintiff sued because the defendants purchased a vacant lot next to Plaintiff’s home and began building their home. Plaintiff alleged that his home was rendered unlivable because the new construction blocked his view of the West Grand Travers Bay. He sought injunctive relief. Curiously, the opinion does not report the trial court’s resolution of the proceedings, but the opinion designates the Plaintiff as appellant, suggesting that he lost in the trial court.
During the pendency of the appeal, Plaintiff sold his home. Because of that, and because he sought only injunctive relief, his case became moot. Because he no longer owns his home, he has no view to block and it is impossible for the court to craft an injunction to preserve his view. His appeal was dismissed.
Generally, an owner has no right to or guarantee of an unobstructed view across another’s property, but property owners can negotiate view easements.