Deed Restriction to Protect Hillside View

Question: Our Estrella Mountain home was one of the first homes sold in our development. The lot behind us has still not sold. If a home is built on this lot, our beautiful hillside view will be spoiled.  Our thought is that we would contact the developer for an agreement to limit to one-story any home built on this lot. Can we pay the developer some amount of money to limit this lot to one-story homes? How long could the time period be?

Answer: You could pay the developer for a recorded deed restriction to get a view easement over this lot. This recorded deed restriction could limit any home on this lot to a one-story height. Unless there is a time limitation in the deed restriction, the deed restriction should be valid in perpetuity.

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