Question: I own an oceanfront condo. When I bought it I had an unobstructed view of the ocean. Palm trees are now causing a 90 percent view obstruction. Do I have any recourse? – Dorothy
Answer: Questions about views are always complicated and involve many factors. The general rule is that no one is allowed to block your direct view. However, if it can be shown that the trees serve a useful purpose to the community or were pre-planned to grow in front of your unit, you may be stuck with them.
To see if you have any recourse, you will need to review your condominium documents and the ordinances of your municipality. Many beachfront towns and cities have enacted rules protecting their residents’ ocean views. These palm trees may be a code violation best addressed by your city. If this is not the case where you live, check your condo documents since many oceanfront condominiums have rules regulating their landscaping and protecting their constituents’ views of the beach.
Typically, view laws are designed to protect people whose property extends all the way to the high-water mark. Condominiums present a particular problem because while you own your unit, your entire community owns the land that reaches to the water. It may be further complicated because the unit owners below you in your building now have a better view than when the trees were shorter that they would want to protect.
If it turns out that your local government will not be able to assist you, then your best bet would be to appeal to your condo board to come up with a solution that leaves everyone with a better view.
About the writer: Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He practices real estate, business litigation and contract law from his office in Sunrise, Fla. He is the chairman of the Real Estate Section of the Broward County Bar Association and is a co-host of the weekly radio show Legal News and Review. He frequently consults on general real estate matters and trends in Florida with various companies across the nation.
Copyright © 2018 Sun Sentinel (Fort Lauderdale, Fla.), Gary M. Singer. Distributed by Tribune Content Agency, LLC.