WILLEMSTAD – The Joint Court of Justice has issued a ruling in a long-running dispute between two neighboring apartment owners at a resort on Curaçao’s south coast, balancing the competing interests of ocean views and privacy.
The case centered on a disagreement between owners of adjacent apartments over vegetation that had grown high enough to obstruct one resident’s view of the Caribbean Sea. The neighboring property owner argued that the trees and shrubs were necessary to prevent overlooking and protect the privacy of those using the terrace.
After conducting a site visit, the Court concluded that the interest in preserving the sea view should take precedence. However, the judges also sought to accommodate privacy concerns by ordering a compromise.
Under the ruling, shrubs located immediately next to the terrace may remain at their current height to provide privacy for residents. Vegetation further away, toward the pier, must be trimmed in a gradual, stepped fashion to a maximum height of 80 centimeters.
The Court also prohibited the placement of umbrellas on the wooden deck in the disputed area. Failure to comply with the ruling could result in penalty payments that may accumulate to as much as 10,000 guilders.
The decision brings an end to a lengthy legal battle that highlighted the tension between property owners’ desire to enjoy unobstructed ocean views and the right of neighboring residents to maintain privacy in their homes and outdoor living spaces.
Disputes involving views, vegetation and privacy are not uncommon in residential developments and resorts across Curaçao, particularly in coastal areas where sea views can significantly affect the value and enjoyment of a property.
By opting for a compromise rather than fully siding with either party, the Court sought to preserve both the scenic character of the resort and the privacy of its residents.