View Easements

I am from the Quepos area and if you know the area, you probably have seen the incredible sights and views that favor Quepos and the Manuel Antonio as the most visited destination in Costa Rica. If you don’t know the area, book a trip, you are missing it.

The term “easement of view” is an uncommon legal concept that not many people are familiar with, yet it is extremely important when selecting, purchasing, or selling a property, particularly in areas with exceptional landscapes.

An easement of view is a legal mechanism that allows the acquisition of a restriction over someone else’s property, enabling the holder of the easement to enjoy a panoramic view or have visual access to a landscape from their own property, through the property of another individual.

Regarding easements of view, it is essential to understand: What is an easement of view? How is it regulated? What is the importance of this type of easement? Once these aspects are clear, those reading the blog will be able to choose the right property to build on or find a solution to what could become a problem after acquiring a property.

What is an View Easement?

An easement consists of a right granted over immovable property, that is, a piece of land or real estate. This easement allows the owner of the property to enjoy an unobstructed view. This right can be voluntarily established between the owners of the real property through a mutual agreement.

The easement of view does not affect the ownership of the land nor the full possession of the property upon which the easement is established; it simply limits certain activities, such as constructing a building, volume or structure that would interfere with the view from another property, and it is recorded on the property´s title for third parties awareness.

What Legislation Regulates Easements of View?

Easements of view are primarily regulated by the articles related to easements in the civil code. It is crucial to note that, for this type of easement to have legal effect against third parties, it must be registered with the National Registry. This ensures the legal recognition of the easement and protects the right of the easement holder.

What is the Importance of Easements of View?

Considering that one of the main attractions in Costa Rica when acquiring properties is the scenic views available throughout the country, particularly in coastal or mountainous areas, knowledge of this legal tool can facilitate the selection of properties. Implementing such an easement protects a right that will prevent medium- or long-term problems and can also increase the value of properties in the market.

The proper constitution and registration of an easement of view can prevent legal disputes and guarantee that properties can freely enjoy the scenic views that define Costa Rica.

For more information visit our news section or write to Sofía Arroyo at sac@quatro.legal.

Disclaimer: The information provided in this blog post is for general informational purposes only and is not intended to constitute legal advice. While we strive to ensure the accuracy and timeliness of the content, laws and regulations are subject to change. For the most accurate and up-to-date information, please contact our office directly. Some images may be AI generated.