Legal Question in Real Estate Law in California

Are ocean views from homes in California protected?


Asked on 3/18/10, 3:54 pm

3 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Depends on the City and even the development you live in. As a general rule, no, California law has no view protections. Certain cities in California have view protection laws, and some homeowners associations even have view protection laws. It is something you will have to research first in your local community, then if you live in a homeowners association, review their governing documents. There is no "one-size fits all" answer to the questions. Sorry.

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Answered on 3/23/10, 4:09 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

On a statewide and automatic basis, no. Private easements (a/k/a "servitudes") for light, air, view, etc. are permissible and doubtless many are built into the CC&Rs;of planned communities. In addition, zoning and permitting policies in many municipalities will provide varying degress of protection to views enjoyed by existing buildings, but probably more often than not, a property owner will be allowed to build consistent with the parcel's permissible height and coverage limits without much regard for the impact on another owner's views.

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Answered on 3/23/10, 4:58 pm

San Francisco has numerous hight and bulk districts that have special restrictions, not on views per se, but on building hight. You should look into whether any of them apply.

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Answered on 3/23/10, 6:10 pm


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