Concept and definition of the right to a view
The right to a view is a legal term recognized in German neighbor law, which describes the right of a landowner to enjoy a particular view or outlook from their property and to protect it from substantial impairments by neighboring properties. This right to a view stands in tension with the constitutionally protected freedom of property, especially the right to build on and use the neighboring property. Unlike other neighbor law claims such as light and air rights, which are explicitly regulated by law, the right to a view is not expressly found in statutory regulations but has been shaped primarily through case law and legal literature.
Legal basis of the right to a view in Germany
Statutory regulations
The right to a view is not expressly mentioned in the German Civil Code (BGB). However, various provisions of the Civil Code and the state neighbor laws play a role:
- Section 903 BGB (Powers of the owner): The property owner may generally deal with their property as they see fit and exclude others from any influence, unless the law or third-party rights provide otherwise.
- Section 1004 BGB (Right to removal and injunction): Defensive and removal claims between neighbors can be derived when there are unreasonable interferences.
- Neighbor laws of the federal states: These contain specific provisions on boundary distances, plantings, and fences, which can indirectly affect the right to a view.
Non-codified legal position
The right to a view is not an absolutely protected right in Germany. There is no comprehensive entitlement to the preservation of a certain view. Rather, the interest in protection is subject to a comprehensive balancing of interests between adjacent property owners.
Elements and scope of protection of the right to a view
Factual requirements
The right to a view presupposes that a property or a part thereof offers a special view and a substantial impairment is imminent. The decisive factor is whether the view has an objectively significant value and whether the individual interest of the owner in its preservation reaches a worthy level of protection. This is regularly the case with exceptional landscape views, vistas of bodies of water, parks, or striking buildings.
Distinction from other neighbor rights
- Light and air rights: Windows or rooms are protected with regard to lighting and air supply (Section 906 BGB), but not the view itself.
- Immission protection: Protection against impacts such as noise, dust, vibrations, or odors differs in substance from the right to a view.
- Protection of property: The right to a view can result in restrictions on the neighboring property, but is in constant interaction with the neighbor’s rights of disposition.
Limitations and restrictions of the right to a view
Principle of freedom to build
Each property owner may, within the framework of public law regulations, particularly planning and building regulations, generally build on and use their land. The right to a view is regularly limited by the permissibility of lawful construction on the neighboring property.
Balancing of interests
In disputes, courts conduct a comprehensive balancing of goods and interests. The prevailing interests of the neighboring builder, particularly under existing building protection and legally permissible use, generally take precedence over the interest in preserving a view. Exceptions exist in cases of bad faith, harassment, or clear abuse of the property position.
Customary law and contractual arrangements
On a case-by-case basis, view guarantees can be established through contractual agreements, construction restrictions (easements), or neighborly custom (customary law). The respective land register entries are decisive in this regard.
Case law on the right to a view
Leading decisions
The Federal Court of Justice (BGH) and various higher regional courts have only exceptionally recognized the protection of a view, for example when special circumstances, such as an exorbitant value of the view, exist or gross bad faith in the neighbor’s behavior is identified.
Common case groups
- Obstructed landscape view due to new buildings: As a rule, the building right prevails, provided that public law regulations are observed.
- Massive plantings or fences: On a case-by-case basis, Section 1004 BGB may be invoked if the view is impaired in an unreasonable manner and there is no justified interest in the behavior.
- Contractual securing of the view: Within the framework of easements, the existence of a view is more strongly protected.
Right to a view in the international context
Unlike in Germany, the right to a view is treated differently in other jurisdictions. In countries such as Switzerland, protection of a view (“Aussichtsrecht”) exists explicitly as a limited real encumbrance that can be legally secured. In common law systems such as the United Kingdom, there are also possibilities to legally protect the view through agreements or so-called “easements,” although such rights are rarely granted.
Conclusion
The right to a view is handled extremely restrictively in German law. Case law and literature agree that the interest in preserving a view recedes when the use of the neighboring property occurs within statutory requirements. Only in qualified exceptional cases, such as contractual assurance, easement, or immoral conduct, can the owner of a property demand legal protection for the preservation of their view.
Related terms: Neighbor law, property protection, easement, immission protection, right to light, right to air, boundary distanceSee also:
- <a href="https://www.gesetze-im-internet.de/bgb/903.html”>Section 903 BGB – Powers of the owner
- <a href="https://www.gesetze-im-internet.de/bgb/1004.html”>Section 1004 BGB – Right to removal and injunction
- Neighbor laws of the federal states
Frequently asked questions
What legal requirements must be met for a claim to the right to a view?
A claim to the right to a view requires that, in the specific case, there is a legitimate legal interest in the existing view. Such a claim can arise legally from real rights, such as a real easement in favor of a specific property entered in the land register. Furthermore, a neighborly compensation claim under Sections 1004, 906 BGB is conceivable if the view from a property is significantly and unreasonably impaired by subsequent structural changes on the neighboring property. In special cases, public building law may also provide de facto protection for the view, for example through development plans or through a neighbor’s right to neighborhood preservation. However, the legal protection of views—unlike immission and light rights—is generally only restricted or not provided for at all in German law. Exceptions are only a few special constellations, such as when a view has been expressly assured by contract or by entry in the land register.
Are there specific provisions in neighbor law regarding the right to a view?
There are no express legal provisions in German neighbor law that guarantee a right to a view. Neither the German Civil Code (BGB) nor the state neighbor laws contain specific norms that legally secure the right to retain an existing view. Rather, the topic is regularly addressed in connection with other neighbor law disputes, such as light, air, or immission protection, as well as in the interpretation of property rights. When neighbors plan new constructions or additions, it can only be examined whether an unreasonable impairment due to the loss of a view is to be classified as immoral or in bad faith (pursuant to Section 242 BGB) or whether, in particular urban development situations, a claim for neighborhood preservation can be asserted.
Can agreements between neighbors to secure a view be legally effective?
Yes, neighbors can enter into private agreements to permanently secure the view from a property. Such an agreement can be structured as a contractual agreement that includes mutual obligations regarding structural changes. To ensure that the agreement is effective against successors in title, a real security, such as the establishment of a real easement (Sections 1018 et seq. BGB) entered in the land register, is advisable. Rights established in this way are binding for future owners and give the beneficiary a legally enforceable claim to the agreed view. Without such registration, mere contractual agreements generally do not have effect against third parties and are therefore less secure legally.
What role does public building law play with regard to the right to a view?
Public building law considers the right to a view only under certain conditions. The preservation of existing views is generally not a general planning objective. However, the permissibility of construction projects may be limited by planning instruments, such as development plans, if urban planning reasons justify this. In individual cases, the prohibition on disfigurement (Section 15 BauNVO) may apply in the case of particularly valuable views (such as landscape-defining panoramas). Neighbors do not, however, have a personal claim to preservation of the view but can only take action against construction projects within the framework of their public-law neighbor rights if these violate applicable regulations. Therefore, effective protection of the view arises only from stipulations in the development plan or from special preservation or design statutes.
How is the right to a view treated in case law?
Case law recognizes the right to a view only in very narrowly defined exceptional cases. The courts regularly make it clear that the subjective interest of an owner in preserving the existing view does not constitute an independent, legally protected position. Claims to retain a view are mostly rejected unless a special real right or a contractually secured view exists. Only in cases of particularly severe and objectively unreasonable changes, which are associated with immorality or a breach of the neighborly community relationship, may courts recognize protective mechanisms as an exception. Otherwise, the view generally remains part of the general powers of the neighbor as owner.
Can subsequent development of a neighboring property be prevented on the grounds of the right to a view?
In almost all cases, subsequent development of the neighboring property cannot be prevented on the grounds of the right to a view. Owners generally have the right to build on or alter their property in compliance with building and neighbor law regulations. Only if there is a special building restriction, an easement, a contractual agreement, or a legally binding planning provision may there be a right to defense concerning protection of the view. Otherwise, impairment of the view must be accepted, even if it leads to significant disadvantages for the neighboring property in individual cases. Thus, the view is not a good expressly protected by law, so neighbors usually have no way to successfully defend themselves.
