Homeowners' Right to Views

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Owners of homes or property ordinarily have no right to a view (or light or air), unless it has been granted in writing by a local ordinance, subdivision rule, or easement between property owners. The exception is that another person may not deliberately and maliciously block the homeowner's view with a structure that has no reasonable use to them. Let's take a closer look at:

the possibility that view-specific local ordinances apply to property you own or are considering buying
related ordinances to check into
the possibility that subdivisions rules also apply
the possibility of a private easement
how to speak to a neighbor whose actions are creating a block to your view, and
what further research to conduct before buying a property with a view.

In This Article

Researching Rules Affecting Homeowners' Views

You will likely have to look into more than one set of rules to see if any of them offer you protection for your property's view.

Municipal Ordinances Protecting Homeowner Views

A few cities in the United States, most commonly ones that overlook the ocean or other desirable vistas, have adopted view ordinances. These laws typically protect property owners from having their view obstructed by growing trees. They don't cover buildings or other structures that block views.

The ordinances usually allow someone who has lost a view to sue the tree owner for a court order requiring them to restore the view. A neighbor who wants to sue must first approach the tree owner and request that the tree be cut back. The complaining person usually bears the cost of trimming or topping, unless the tree was planted after the law became effective or the owner refuses to cooperate.

Some view ordinances contain extensive limitations that leave them basically toothless. Some examples:

Certain species of trees might be exempt, especially if they grew naturally.
A neighbor might be allowed to complain only if the tree is within a certain distance from their property.
Trees on city property might be exempt.

Get in touch with your city government to find out more.

Other Ordinances Might Indirectly Govern Homeowners' Views

If, like most, your city doesn't have a view ordinance, other local laws might nevertheless be relevant:

Fence height limits. If a fence is blocking a homeowner's view, it might be in violation of a local law. Commonly, local laws limit constructed fences in back yards to six feet high and in front yards to three or four feet. Height restrictions might also apply to natural fences, such as hedges. For more information, see Nolo's Fences and Neighbors FAQ.

Tree laws. Certain species of trees might be prohibited from being grown—for example, trees that cause allergies or tend to harm other plants. Local laws might also forbid trees that are too close to a street (especially an intersection), to power lines, or even to an airport. For more information, see Nolo's Tree Disputes With Neighbors FAQ.

Zoning laws. Local zoning or planning regulations normally control the size, location, and uses of buildings. In a single-family area, buildings are usually limited to 30 or 35 feet high. Zoning laws also usually require a certain "setback," or distance between a structure and the boundary lines. They also limit how much of a lot can be occupied by a structure. For instance, many suburban cities limit a dwelling to 40% to 60% of the property.

Subdivision Rules Concerning Homeowners' Views

Often, residents of subdivisions and planned unit developments are subject to a detailed set of rules called covenants, conditions, and restrictions (CC&Rs). These regulate most matters that could concern a neighbor, including trees and views.

For example, a homeowner's association (HOA) rule might state that trees can't obstruct the view from another lot, or simply limit tree height to 15 feet. If someone violates the restrictions, the homeowners' association might apply pressure (for example, removing the privilege of using a swimming pool) or even sue. A lawsuit is costly and time-consuming, however, and the association might not want to sue except for serious violations of the rules.

View Easements Might Protect Your Rights

It's unlikely you wouldn't have been advised of this upon buying your property, but it's possible that a previous owner negotiated what's known as a "view easement" or a "view covenant" with one of your neighbors. This means they would have drafted a legal document and recorded it with the appropriate local government agency, in which your neighbor agrees (broadly speaking) that they won't erect any structures or grow any vegetation beyond a set height, so as to preserve your view. Such an agreement is typically made either for money or for some other compensation.

For more on easements in general, see Property Easements: Overview.

How to Approach a Neighbor About a View Issue

Before you approach the owner of a tree that has grown to block your view, consider your answers to these questions:

What is the least destructive action that could be taken to restore your view? Maybe the owner will agree to limited and careful pruning.
How much will it cost to trim the tree(s)? Be ready to pay for it.
Which part of the tree is causing view problems for you—one limb, the top, one side of it?
Does the tree affect the view of other neighbors? If it does, get them to approach the tree owner with you. Trimming costs could be divided among you.
Is this a situation where negotiating a view easement might be do-able?

This type of preparation will help you avoid going in with only one solution in mind, and thus being perceived as inflexible or unreasonable.

Before You Purchase a Property With a View

A property with a beautiful view is likely to be marketed and advertised as such, and is likely to command a higher purchase prices than similar places without one. The fabulous view might be a primary draw for you. Thus you don't want to overpay if your view will potentially disappear one day.

First, if you're considering a purchase, ask the property owner or the city planning and zoning office if the property is protected by a view ordinance. Then check with the seller's real estate agent to see if neighbors are subject to restrictions that would protect your view. Also, if the property is in a planned unit development, find out whether a homeowners' association actively enforces whatever restrictions are in place.

Check local zoning laws in regard to any neighboring property that might affect you. Could the neighbor down the hill, for instance, lawfully add a second-story addition?

Finally, look carefully from the property to see which existing trees might grow taller and later obstruct your view. Then go introduce yourself to their owners and explain your concerns. A neighbor who also has a view will probably understand your concern. If someone is unfriendly and uncooperative, you stand warned.

Next Steps

For more information on your rights as a homeowner and on taking a neighbor to small claims court, see Neighbor Law: Fences, Trees, Boundaries & Noise, by the editors of Nolo.