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Turning Challenges Into Solutions

Does a view ordinance protect the view from my property?

On Behalf of Jones & Walden LLC | Jan 7, 2022 | Real Estate Law

Georgia is a beautiful and geographically diverse state. Depending on the location, it might be possible to see forests, mountains, lakes or even the ocean from one’s property. But what happens when a homeowner purchases a house for a view only for a neighbor to block it? Depending on the city or area, it may be possible to enforce a view ordinance. 

What about the view? 

View ordinances generally exist in cities or towns that are located in or near picturesque areas or that are known for their exceptional views. These ordinances generally prevent property owners from blocking their neighbors’ views, although there is an important exception. In general, view ordinances only apply to trees. It may be worthwhile exploring local ordinances or even homeowners’ association rules if a view is being blocked by: 

  • Fences 
  • Buildings 
  • Play structures 

Enforcing a view ordinance 

While these ordinances exist to protect property owners, enforcing them can be a bit tricky. In some situations, it may even be quicker to simply speak with a neighbor and work out an agreement. Unfortunately, this is not always possible, especially if the offending neighbor is unwilling to work together toward something like an easement. 

Views from porches and backyards are some of the biggest reasons homeowners decide to move forward with a purchase. Losing those views can be devastating, especially if the loss impacts a home’s overall value. Homeowners who are interested in moving forward with a legal claim regarding lost views would be well advised to first learn more about how a view ordinance might be handled in Georgia. 

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