Featured News 2014 Do You Have the Right to a View?

Do You Have the Right to a View?

A view can be a valuable aspect of any home. Some people may even buy a particular house because of the gorgeous view it provides. Some neighborhoods have view ordinances or subdivision rules which preserve each homeowner's right to a view. Some cities have ordinances which demand that trees cannot be planted that block an individual's view. In general, individuals are not allowed to deliberately and maliciously block another's view with a structure that has no reasonable use to the owner and was only erected for malicious purposes.

Generally, ordinances allow someone who has lost a view to sue the tree owner for a court order that requires that individual to restore the original view. In cases like this, the plaintiff must normally cover some of the costs of trimming or removing the tree. It is important that individuals first request that the tree owner merely trim the tree before asking for its removal. In areas where these ordinances are in place, the court may get involved if the individual refuses to do as asked.

Even in places with view ordinances, there may be exceptions. Certain species of trees may be exempt ad neighbors may be allowed to complain only if the tree is within a certain distance of their property. Also, trees on city property may be exempt as well. If your city doesn't have a view ordinance but you are dealing with frustration after your view was blocked, you may want to enlist the help of a real estate attorney. You may be able to use local laws such as fence height limits and tree laws to help you if you are dealing with difficulties. You can also look into zoning laws or investigate the subdivision rules in your area.

Before you pay for a property with a view, you may want to ask the city planning or zoning office if the property is protected by a view ordinance and then check to see if the neighbors are subject to the restrictions that could protect your view. If you want more information then don't hesitate to contact the firm right away to learn more!

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