No Right to Unrestricted View Over Neighbor’s Property

Question: We have lived in the same Phoenix neighborhood for more than twenty years. Our former neighbors always trimmed their oleander bushes and we had a nice view of North Mountain. Last year they sold their home to a California buyer who does short-term rentals of the home. The oleander bushes are no longer being trimmed, and our view has been restricted by the growing oleander bushes, and we are worried that in a few years we will have no view. Can we require this California buyer to trim the oleander bushes?

Answer: Probably not. A homeowner does not have the right to an unrestricted view over another homeowner’s property, unless a view easement has been executed and recorded. Furthermore, you cannot acquire a view easement by adverse possession, even if your view had been unrestricted for more than twenty years.

Note: A town ordinance, or the CC&Rs of an HOA, can grant protection for a homeowner’s views.

Read related article.

Leave a Comment

You must be logged in to post a comment.