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Sure, you can be sued, but the real question is whether you'd lose!

Your local statutes and cases may vary, so you will want the opinion of an attorney in your area. However, in general, a restrictive covenant should be interpreted strictly against whoever wrote it. If they meant to say "building" but said "dwelling" then only a dwelling would violate the covenant, not an office building or a barn. On the other hand, there may have been other "course of dealing" or local customs, or other local laws that would lean toward protection of a view regardless of strict interpretation of the covenant.

For example, if nearly the entire value of a property is tied to the view, then a local court will be reluctant to diminish that value by allowing an encroachment.

In other places, if the zoning ordinance or deed doesn't restrict what can be built, then build whatever you want and let them pay to force you to tear it down, if they have the time and money to do so.

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