Tree line or spite fence? Nayatt Point couple sue neighbors over trees blocking water views.
An associate dean of oncologic sciences at Brown University’s Warren Alpert Medical School and prominent cancer researcher is suing his neighbors on Barrington’s Nayatt Point, saying they planted a row of tall trees to block his water views out of spite.
Dr. Wafik El-Deiry and his wife, Evelyn William, have sued Jerald and Susan Hyman in U.S. District Court, alleging that they violated a state law prohibiting property owners from erecting a fence or other structure over 6 feet tall for the purpose of annoying their neighbors.
They are seeking to recover damages due to the nuisance and asking the court to order the removal, trimming or removal of the trees.
The case is being heard by Chief Judge John J. McConnell Jr.
Dr. Wafik S. El-Deiry.
Reached by phone Thursday, Jerald Hyman said he was not aware of the lawsuit and had not been served and therefore declined comment.
According to the court docket, a summons was issued to the Hymans, who purchased their house in 2011, according to property records.
Renovations raise privacy concerns
According to the complaint, William and El-Deiry, who live in Bryn Mawr, Pennsylvania, also own a home on Nayatt Point Court that they purchased in 2019. Property records show the sale was for $1.2 million.
The two-story home features a living room with generous views of the Providence River and Narragansett Bay that were unobstructed by any landscaping at the time of purchase, the suit says.
The Hymans’ house sits between the couple’s property and the water, slightly to the south. It is situated such that William and El-Deiry can see only a portion of its north end, the complaint says. The Hymans purchased their home for $1.1 million.
William and El-Deiry began renovations at their home in January 2023, after receiving the necessary permits, that would add an addition to the north side of the property running parallel to the water, they said.
Jerald Hyman expressed concerns to the couple about privacy and sought to stop their neighbors from building within 10 feet of the property line.
William, the suit says, assured Hyman that the addition would be more than 40 feet from the property line, which did not assuage his concerns about his privacy interests.
The parties agreed to coordinate their respective landscaping efforts when the renovations were complete to accommodate Hyman’s concerns, the suit says.
Couple returns from trip to find tree line
In May, William and El-Deiry went to Pennsylvania for a few days and returned to find that the Hymans had “erected” 10 large trees on their property while they were away, according to the complaint.
The trees – all more than 10 feet tall – were placed in a solid contiguous line running northbound, parallel to the coastline.
William and El-Deiry allege that the trees were planted out of spite, with the purpose of blocking their water views.
“The manner in which the trees are situated … does not serve to protect any apparent property interest, or any other useful purpose,” the suit says, but were planted to annoy and inconvenience their neighbors by obstructing the view, the central feature of their home.
They claim they have suffered “substantial” damages as a result, including the significant devaluing of their home.
William and El-Deiry are being represented by Robert Clark Corrente. A lawyer has not yet entered the case on behalf of the Hymans.
This article originally appeared on The Providence Journal: Why an RI doctor is suing his neighbors over their newly planted trees
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