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Visual Rights
Visual rights refers to landowner rights to prevent structure which would obstruct their views from being erected.
Sometimes, the primary valuable attribute of a property is it’s scenic view of maybe the ocean. It could also be the main reason why a home owner bought an apartment in the first place.
Visual rights, sometimes known as right of prospect or “views, right to”, can be granted to certain homeowners by way of writing in easements.
While this is not common, it is also not unheard of as well.
Because of the potential chaos that can occur if every homeowner is granted such rights by default, courts have always been very careful in favoring property owners who try to enforce this right. Especially when there is no easement in writing.
No one would be able to build anything!
However, when the view obstruction is cause by government projects, homeowners might be compensated under the laws of eminent domain.
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