Reviewing the ‘view ordinance’
Q: My husband and I have recently purchased a beautiful home overlooking the Gulf of Mexico. We are not right on the Gulf but the land between the Gulf and our house is vacant. Our Realtor told us that there was a view ordinance in our town and I take that to mean that our view is sage from others obstructing it. My husband says I’m wrong and I should prepare myself for my beautiful view being blocked by a building. What good is a view ordinance?
A: This is the kind of question, if it is really important to you, which should have been asked before the purchase. First, a view ordinance is a law adopted by some cities or towns with desirable vistas, usually those in the mountains or overlooking the water, which protects a property owner from having his or her view obstructed by growing trees. Second, the ordinances usually allow someone who has lost a view because of the planting or growth of a tree to sue the owner for a court order to restore the view. The person who wants to sue must first approach the tree owner and request that the tree be cut back. The complaining person sometimes bear the cot of the trimming, unless the tree was planted after the law went into effect, or if the owner refuses to cooperate.
There are some exemptions for certain types of trees, especially if they grow naturally. Some ordinances require that the tree be within a certain distance of the complainer’s house. Trees on city properties are also usually exempt.
Most communities also have a fence height ordinance. If a fence is built that exceeds allowed height, usually six feet, whether it blocks your view or not, you can certainly call it to the attention of local authorities.
Zoning laws may also be helpful in protecting your view. It is unlikely, for example, that a factory or scrap yard could be build close to your residential property. You would have to check zoning law, of course, to be sure.
Unfortunately, view ordinances don’t cover buildings or other structures that may block views. With any luck, your view will reman as it is for a long time into the future. If it appears that this is about to change, consult with an attorney so that you are very clear about your rights and what can be done to preserve your view.
Attorney Sylvia Heldreth is a Certified Specialist in Real Estate Law. Her office is located at 1215 Miramar Street in Cape Coral.
This article is not intended as specific legal advice anyone as is based upon facts that change from time to time. Individuals should seek legal counsel before acting upon any matter involving the law.