Real Estate rights to view from home in New Mexico
July 19, 2017 5:14 PM   Subscribe

We bought a home on a small lot with great views. There may be a builder considering a home that would obstruct a significant part of that view. YANML Do I have any legal process through which I can protect either that view or the value lost if it is obstructed?

Bought a small house with a fabulous unobstructed view across fifty miles of valley to distant mountain ranges over which we are treated to wonderful sunsets. The lot, which is .80 acres of scree and rocks was appraised at $125,000. Surely some of that value was the view.

If a builder obstructs that view, I expect that the value of our property would go down. We are in an agricultural area outside of any city's jurisdiction.

Is there anyway to protect our view or be compensated for any lost value in our place?
posted by leafwoman to Law & Government (4 answers total) 1 user marked this as a favorite
 
Is there anyway to protect our view or be compensated for any lost value in our place?

Sell now and make it the next owner's problem or buy the other lot.

Beyond that, contact a lawyer for a quick consultation. My guess is that this is going to boil down to what they teach you in 1L, caveat emptor.
posted by paulcole at 5:25 PM on July 19, 2017


We are in an agricultural area outside of any city's jurisdiction.

Then you're in a county's jurisdiction. Counties can have zoning regulations, too. Your area is probably zoned for agricultural uses.

There are a couple key ways that something can be prevented from blocking your view, but they're probably limited. In the end, the owner of the adjacent land likely has development rights on their own property, and if you consider the view to be part of your purchase price, you could have negotiated a lower price since that view wasn't protected in any way.

Ways to fight it:
1) Governmentally, zoning regs may institute a height limit for buildings. What the height limit is and how it's administered can vary greatly between jurisdictions, but 30' is fairly common in my experience. Your county likely has a building department of some sort (or it goes through the state, but the county will still have zoning approval rights) that you can call to ask questions.

2) It's a bit more unlikely, but your property may be in an area covered by a set of CC&Rs (covenants, codes and restrictions) that could include protections for the views of current owners. If such a thing exists, you would probably be paying an HOA fee.

3) Buy any lot in your "viewshed".

4) Negotiate something with the builder, owner or designer. If you're in an agricultural zone, the lots are likely fairly large and a building can be located to minimize interference with prime aspects of your view. You could perhaps just convince them to do so, or agree on an easement (which would be permanent) with the assistance of a lawyer.
posted by LionIndex at 6:02 PM on July 19, 2017 [1 favorite]


Contact a lawyer first. I work in real state but as far as I know, they are allowed to build any kind of property, as long as they have issued the right licenses. I am talking from experience from other state.

What I am guessing what you could do is to contact a lawyer, probably the first thing to mention is that you lot is in an agricultural area, which is not to be polluted by "city noise" as it is known.

Good luck friend!
posted by Papi Rof0r at 6:30 PM on July 19, 2017


1. The government entity where you pay your property taxes (often a township) is likely the entity that has zoning ordinances, if it does. Some don't.
2. If it does, compliance is often self-governing. That is, the neighbor won't be able to begin construction without a permit, and a permit will not issue if the use does not fit the zoning ordinance.
3. Item 2 doesn't always work. Consulting a lawyer will help.
4. Outside of zoning issues, there is in most states no common-law right to an unobstructed view over another's property.
posted by megatherium at 6:23 AM on July 20, 2017


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