Can You Protect Your Property View?
The view is a great feature of any property. Whether it is a beautiful, glistening lake or tall, snow covered mountains, whatever panorama our windows show us makes us feel relaxed and calm. Since this view is so incredible, you have to protect it. What if someone threatens this amazing view? Can you do something about it? In some cases a lot, and in others nothing. It all depends on where you live.
There are some cities where there the laws do not allow any building to block light or air on the streets. The height of the building must be such that ample light and wind reaches the street below. What about Houston? This is the biggest city in our country, where unfortunately, there are no zoning ordinances of any sort. In other cities, there are certain zoning measures and if these are broken, the authorities take on the culprit.
In the suburbs, the lawns are always well kempt and the shrubs are always trimmed. The scenery is beautiful and so there are many Covenants, Conditions and Restrictions, also called CC&Rs to abide by. Ignore these, and you may well have to pay a fine in this regard.
Can the Disputes be Resolved?
If your view is being threatened, you can do something about it as per the rules in your area. If one of your neighbors tries to obstruct your view, you will have to see if you too fall under the same homeowner’s association or not. If you do, does your HOA put a limit on the height of the trees and other viewing structures? Secondly, you will have to see if your property has a recorded right or not. If both these things are negative, you cannot do anything and you will just have to live with a blocked view.
What if one of these is positive? Then too, there are consideration factors. Ask a real estate lawyer to go over the history of you property and study the restrictions. If nothing comes up, try buying your rights, offer an incentive or an amount, and they may give in.
Hopefully, you will now be able to protect your view, but even when this is possible, it is not so easy.