View Easement Protection Information
A view easement may restrict: building height (the neighboring property may not build above a specified height), vegetation height (trees and landscaping may not grow above a specified height), and structural placement (buildings and structures must be set back or positioned to avoid blocking the protected view). View easements are: not implied by law (there is no inherent right to a view in Florida; the easement must be expressly created), created by: express grant in a deed, covenant in a declaration of restrictions, or a separate agreement between neighboring property owners, and enforceable as: a restrictive covenant running with the land (binding subsequent owners). Without a view easement: a neighboring property owner may generally: build any permitted structure on their property (even if it blocks the neighbor's view), grow vegetation to any height, and the blocked property owner has no legal remedy.
Florida Legal Definition
View easements in Florida are governed by: Florida common law and the terms of the easement or covenant. Under Florida law: there is no common law right to a view (a property owner has no inherent right to protect their scenic view), a view easement must be expressly created (by deed, covenant, or agreement), and the easement is enforceable as: a restrictive covenant (if it satisfies the requirements for running with the land: intent, notice, and touch-and-concern). Under Florida practice: view easements are most common in: waterfront communities (protecting views of the water), planned developments (where view preservation is built into the declaration), and hillside developments (where view corridors are established by covenant).
How It's Used in Practice
Attorneys create and enforce view easements for property owners. For property owners seeking view protection, the attorney: drafts the view easement (specifying: the protected viewshed, the height and placement restrictions, and the enforcement mechanisms), records the easement in the official records (providing constructive notice to subsequent owners), and enforces the easement against violating neighbors (seeking injunctive relief: a court order requiring the removal of the obstruction). For neighboring property owners, the attorney: reviews the easement restrictions (determining what is permitted), challenges unreasonable restrictions (arguing the easement is: overbroad, obsolete, or unenforceable), and negotiates modifications (seeking a modification that balances the view protection with the neighbor's development rights). The attorney advises: there is no automatic right to a view in Florida; property owners who want view protection must create an express easement or covenant.
Key Takeaways
- No inherent right to a view in Florida.
- View easement must be expressly created by deed or covenant.
- Restricts: building height, vegetation, and structural placement.
- Common in waterfront and planned communities.
- Enforceable as restrictive covenant running with the land.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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