It's a multi-million dollar home with a million dollar view but Xu Kuai says he can't sell it because his neighbour's trees are obstructing the ocean vista from parts of his house.
In a lawsuit filed in B.C. Supreme Court, Xu Kuai claims the neighbour who lives below him is refusing to trim her trees. The stubborn treetops can be seen in the background of bedroom pictures on the realty listing for the property at 2452 Chippendale Road—the price tag: $3.1 million.
He claims those are the tips of trees growing on his neighbour's lot just below him. According to the notice of civil claim, Kuai says he's been trying unsuccessfully to sell his house since June.
The lawsuit also refers to a covenant British Properties wrote when the lots were created that forbid vegetation growing higher than the roof of the house below Kuai's.
Kuai says his lawyer brought this to the woman's attention in August, but she's allowed some trees to grow up to 20 feet higher than the ridge of her own roof.
He's seeking an injunction that will either force his neighbour to trim her trees or allow him to do it for her. The neighbour hasn't filed a statement of defence and Kua's notice of civil claim only represents one side of the story.