Is there such a thing as a Protected View?

How about that headline? That is a loaded question. Sometimes there is legal protection written in the deed sometimes referred to as CC&Rs. If there is language that prohibits homeowners from building or planting trees in such a manner as to block a neighbor's view. This would allow a homeowner to sue the offending homeowner in court. But outside of these deed restrictions there really isn't such a thing as a protected view. 

Sometimes a home is located in a place whereby it is nearly impossible to block the view. A lot situated atop a steep bluff and the lot included land all the way to the bottom of the bluff. Now the homeowner controls to a great extent the view. He can take out trees that grow up and begin to encroach on the view. And short of someone building a giant structure tall enough to rise above the bluff and block the view it is protected.

That last bit is unlikely in the suburbs but in cities it is a common theme. When you buy a condo in the city you should be aware of the surrounding blocks. Are there nearby vacant lots? What is the zoning on those lots? Will the city allow high rise development on them or at least a building tall enough to take out your view? Is there a current development proposal on the lot(s). If every lot with a potential to block your future view is already built, what is built on these lots? Are the structures on those lots providing the highest and best use of that land? Perhaps there is an 120 year old unreinforced masonry building on one of those nearby lots. That could be torn down and replaced with a modern taller building that potentially blocks your view. If all the structures on nearby lots are sleek modern buildings then you are probably not going to see a view encroachment for decades. 

Another city issue is street side trees. If you buy a condo in the city in a brand new building, you may find that the city or developer has planted lovely trees along the sidewalk. What kind of trees are they? How tall will they grow? If your unit is below the 5th floor this could be an issue. That cute little 12 foot tall tree might become a towering 40 footer in a decade or so.

I have seen agents advertise a view in a real estate listing ad when I knew for a fact that a project was going in that would either eliminate that view or severely encroach on it. The buyer should always do their due diligence before making a purchase of a property in which the view is a big part of the price. The seller may be unaware that there is a project going in at all or that the project will encroach on the view of his property. Of course he may very well be aware and it should be disclosed, but sometimes these things do not happen. Even if the buyer could win a case against the seller, it will be ugly and time consuming with no guarantee of a positive outcome. It's better to do the research before you buy when a view is a big part of your purchase decision. 

This potential for losing a view is one of the many reasons that waterfront or park front property is desirable. Anytime your view is based on water or protected public space it tends to be much more enduring. Locally in our market there is a great deal of urban development happening in the downtown area. Many condo owners who have had views for years are now looking at a new building instead of a charming cityscape or even a peek-a-boo river view.     

This is also a very pertinent concept for those buying home that look over open space not the edge of suburbia. That beautiful open space could very well become a new subdivision soon. That lovely meadow view could be a hundred new houses in a few years. Even if you are on the edge of an urban growth boundary those occasionally are adjusted by local governments. Just new aware of the risks when spending extra money to buy a view.