I live in a subdivision with a homeowners' association. Will that help me in a view dispute?

Often, residents of subdivisions and planned unit developments are subject to a detailed set of rules called Covenants, Conditions, and Restrictions (CC&Rs). They regulate most matters that could concern a neighbor, including views. For example, a rule may state that trees can't obstruct the view from another lot, or simply limit tree height to 15 feet. If someone violates the restrictions, the homeowners' association may apply pressure (for example, removing the privilege of using a swimming pool) or even sue. A lawsuit is costly and time-consuming, however, and the association may not want to sue except for serious violations of the rules.

If the association won't help, you can take the neighbor to court yourself, but be prepared for a lengthy and expensive experience.

I want to buy a house with a great view. Is there anything I can do to make sure I won't ever lose the view -- and much of my investment?

First, ask the property owner or the city planning and zoning office if the property is protected by a view ordinance. Then check with the real estate agent to see if neighbors are subject to restrictions that would protect your view. Also, if the property is in a planned unit development, find out whether a homeowners' association actively enforces the restrictions.

Check local zoning laws for any property that might affect you. Could the neighbor down the hill add a second-story addition?

Finally, look very closely from the property to see which trees might later obstruct your view. Then go introduce yourself to their owners and explain your concerns. A neighbor who also has a view will probably understand your concern. If someone is unfriendly and uncooperative, you stand warned.

If you do buy the property, take pictures to document the extent of the view on the date of purchase, and take more pictures as the view changes.