Question: We have lived in the same Phoenix neighborhood for more than twenty years. Our former neighbors always trimmed their oleander bushes and we had a nice view of North Mountain. Last year they sold their home to a California buyer who does short-term rentals of the home. The oleander bushes are no longer being trimmed, and our view has been restricted by the growing oleander bushes, and we are worried that in a few years we will have no view. Can we require this California buyer to trim the oleander bushes?
Answer: Probably not. A homeowner does not have the right to an unrestricted view over another homeowner’s property, unless a view easement has been executed and recorded. Furthermore, you cannot acquire a view easement by adverse possession, even if your view had been unrestricted for more than twenty years.
Note: A town ordinance, or the CC&Rs of an HOA, can grant protection for a homeowner’s views.
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