Legal Definitions - view

In legal contexts, the term "view" can refer to several distinct concepts, primarily related to property rights or judicial proceedings.

• 1. A Right to an Unobstructed Outlook from Property

  This refers to a legal right, sometimes established by common law or specific agreements, that protects a property owner's ability to have an unobstructed outlook or prospect from their home or land. It essentially prevents neighboring property owners from building structures or planting trees that would block a significant or established view.

  • Example 1: Ms. Chen owns a historic house on a hill with a renowned panoramic view of the city skyline. When a developer proposes to build a new high-rise apartment building directly in front of her property, threatening to completely block her outlook, she might assert a legal right of "view" to challenge the construction, arguing that her property's value and enjoyment are significantly diminished.

    Explanation: This illustrates "view" as a property right protecting an existing outlook. Ms. Chen is asserting a right to prevent obstruction of her "prospect" from her home.

  • Example 2: In a coastal community, a homeowner's association has specific covenants in its deeds that establish "view servitudes," meaning no structure can exceed a certain height or be built in a way that obstructs the ocean views of neighboring properties. When a new owner plans to add a second story that would block their neighbor's established ocean view, the neighbor could invoke this "view" servitude to prevent the construction.

    Explanation: Here, "view" refers to an urban servitude, a specific type of legal agreement or rule that restricts property use to protect the outlooks of other properties within the community.

• 2. A Jury or Tribunal's On-Site Inspection

  This refers to a formal, court-ordered visit by a jury, judge, or other legal tribunal to a specific location or to inspect an object that is relevant to a case but cannot be easily brought into the courtroom. The purpose is for the decision-makers to directly observe the physical evidence or circumstances in its original context.

  • Example 1: In a complex product liability lawsuit involving a large industrial machine that allegedly caused an injury, the judge orders a "view" for the jury. The jury, accompanied by the judge and legal counsel, travels to the factory floor where the machine is located to observe its size, components, and operational environment firsthand, as it would be impractical to move the machine to the courthouse.

    Explanation: This demonstrates a "view" as a jury's trip to inspect an immovable object relevant to the case, allowing them to gather direct visual evidence that cannot be presented in court.

  • Example 2: During a criminal trial for arson, the prosecution requests a "view" of the burned-out building for the jury. The jury, under the supervision of court officers and with the presence of attorneys, visits the scene of the fire to personally observe the extent of the damage, the layout of the structure, and any remaining physical evidence that helps them understand the testimony presented in court.

    Explanation: This example illustrates a "view" as a tribunal's (the jury's) visit to an immovable location (the building) to observe evidence directly, which aids their understanding of the case.

• 3. A Defendant's Inspection in a Property Dispute

  In legal actions specifically concerning real property (like land or buildings), this refers to a defendant's right to physically inspect the property that is the subject of the lawsuit. This allows the defendant to understand precisely what property is being disputed and to gather information relevant to their defense.

  • Example: Mr. Davies is sued by his neighbor over an alleged encroachment onto the neighbor's land, claiming a fence Mr. Davies built is on their property. Mr. Davies, as the defendant, requests a "view" of the disputed boundary line and the fence. This allows him to physically examine the area in question, compare it with property surveys, and understand the exact nature of his neighbor's claim before preparing his legal response.

    Explanation: This illustrates "view" as the defendant's observation of the specific property at issue in a real action, helping them ascertain its identity and the circumstances surrounding the dispute.