right to views

views, right to

The theory that one is entitled to a particular view, as of the ocean or something else scenic. Such rights may be granted by particular language in an easement. In the absence of such language, courts are very reluctant to find that any property owner has an inherent right to a view across another's land to something considered of aesthetic value.Also called visual rights or a right of prospect. In the following example, unless local ordinances or zoning provide otherwise, the homeowner cannot prevent construction of the condo project on the grounds it will obstruct the homeowner's view of the ocean. Under some circumstances, though, if the tall building were a government office, school, or some other public structure, the homeowner might be entitled to compensation for the loss of the view, under eminent domain and condemnation theories.