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View Easements

by | Oct 23, 2022

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Fences, trees, buildings, structures, vegetation, and more can obstruct views of the mountains, ocean, meadows, lights of the city, and other scenic views.

Most easements in real estate allow a property owner or third party to use the land for a particular purpose (such as access) or maintain something on someone else’s land (such as utilities).

What Are View Easements
View easements are unique in that they grant the owner of a property the rights to unobstructed views over a neighboring property. In essence, a view easement allows the owner of the easement to prevent anything from being added that would block the view.

If you have a view easement attached to your property, it’s important to understand what you can and can’t do on your property, so that you don’t violate the easement.

On the other hand, If you have a spectacular view now and want to ensure that you’ll have it in the future, you could approach the owner of an adjacent property and offer to pay for a view easement. If you manage to get someone to agree to give you a view easement, it’s a legal document that should be drawn up by a real estate attorney and properly recorded with the county. The view easement would then be “attached” to the property and would stay in place, even if the property is sold.

Alternatives To View Easements
Apart from a view easement, the ability to enjoy views from your property might be protected by homeowners association rules and/or municipal ordinances. But if these safeguards aren’t in place, your scenic views could someday be blocked, if you don’t have a view easement in place.

We’re Here For You – Experienced Real Estate Attorneys
As experienced real estate attorneys, we can help you with all aspects of view easements, including: the scope of an easement, permissible uses, amendments to easements, enforcement of easements, and more.

At Timely Contract, we have local real estate attorneys who have experience throughout Idaho, including: Boise, Post Falls, Coeur d’Alene, Lewiston, Moscow, and Sandpoint.

We also have local real estate attorneys who have experience throughout Montana, including: Missoula, Billings, Bozeman, and Kalispell.

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