Question: Our family has owned a vacation home on the
Mogollon Rim east of Payson for more than forty years. During
this time, a small cabin has been on the lot next to us. A new
owner of the lot is now tearing the cabin down, and is planning
to build a large two-story home on this lot. This two-story home
will destroy most of our beautiful view. Is there anything that
we can do to protect our beautiful view?
Answer: If this two-story home being constructed is in
compliance with local government regulations and any CC&Rs governing
your community, there is nothing that you can do. In other words,
there is no implied easement to preserve a beautiful view. Note:
If a property owner wants to preserve a beautiful view, the property
owner should enter into an agreement with a neighboring property
owner for an express easement for view. This express easement
for view should be recorded in the county where the properties
are located.
