You Own the House. But Do You Own the View?

One of the most appealing features of a property may be its magnificent scenic view. However, purchasing a property with a view does not automatically give you the legal right to preserve that view indefinitely.

If a neighbouring owner develops their property lawfully and the development obstructs your view, the loss of the view alone will not ordinarily be enough to prevent the building.

When Can a View Be Legally Protected?

When restrictive title deed conditions or servitudes apply to the neighbouring buildings or properties.

A restrictive title deed condition may limit how a property can be developed or used. Depending on its wording and legal effect, it may restrict building heights, the type of structures permitted or other aspects of development.

A servitude is a limited real right over another person's property. Depending on its terms, it may restrict the use or development of that property for the benefit of another property or, in some cases, a person.

For example, imagine purchasing a coastal property with an uninterrupted sea view. The title deeds of the neighbouring properties contain an enforceable restriction limiting buildings to a single storey. If a neighbour proposes to construct a double-storey house that breaches this restriction, the affected homeowner may have grounds to challenge the development or seek an appropriate court order.

The important consideration is not simply whether a restriction exists, but it is whether it is legally enforceable.

What Role Do Zoning Schemes and Municipal Approvals Play?

Zoning schemes and municipal approval can also affect what may be lawfully built on a neighbouring property.

They regulate matters such as building heights, coverage, density, and building lines. If a proposed development exceeds these limits, affected neighbours may object during the approval process or challenge unlawful approvals.

However, the outcome will depend on the applicable planning requirements and the circumstances of the case. The fact that a building obstructs a view does not, on its own, mean that the municipality must refuse approval. Equally, compliance with zoning requirements does not necessarily rule out every possible legal challenge.

It is therefore important to distinguish between a development that is simply inconvenient to a neighbour and one that breaches an enforceable restriction or an applicable legal requirement.

What Should You Check Before Buying a Property with a View?

If a property's sea, mountain or scenic view is one of the main reasons for purchasing it, due diligence should extend beyond inspecting the property itself.

Before signing an offer to purchase, prospective buyers should check the following:

• Title deeds and restrictive conditions: Establish whether any registered conditions restrict development on neighbouring properties or otherwise protect the view.

• Registered servitudes: Investigate whether any relevant servitudes exist, what rights they create and which properties benefit from them.

• Municipal zoning and planning controls: Establish the development rights applicable to neighbouring properties, including permitted building heights, building lines and land uses.

• Potential future development: Consider whether neighbouring vacant stands could be developed.

• Body corporate and homeowners' association rules: Where the property is situated in an estate or sectional title, investigate whether additional building restrictions apply.

Conclusion

A view that appears permanent today may change tomorrow. While no due diligence process can eliminate every uncertainty, understanding the legal position before buying can help homeowners make better-informed decisions before buying a property.

Our specialist’s conveyancing team can assist with investigating relevant title deed conditions and servitudes.

Written by: Nqobile Magwaza
Moderated and approved by: Rohula Kgabu

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