Is your University Place view part of why you love a home? If so, you are smart to ask how that view is protected. In our area, a recorded view easement can preserve a line of sight or limit what a neighbor can build or plant. This guide explains what a view easement is, how it shows up in your title work, and the practical steps to verify and manage it before you buy or sell. Let’s dive in.
View easement basics
A view easement is a recorded property right that restricts physical obstructions on one parcel so another parcel can enjoy a specified view. It typically limits structures, fences, vegetation, grading, or anything else that would block a defined view corridor. The parcel that benefits is the dominant estate. The parcel that carries the restriction is the servient estate.
Most view protections in Pierce County are created by a recorded instrument, a plat note, or covenants, conditions, and restrictions. Less common forms, such as implied or prescriptive rights, are difficult to establish for views. If it is not recorded, it is risky to rely on, especially when paying a premium for a view.
View easements can be appurtenant, which means they run with a specific property, or in gross, which means they benefit a person or entity. Many are perpetual, but some have time limits or conditions. The document’s exact wording controls what is allowed, who can enter the property for maintenance, and how long the rights last.
How easements are created locally
In the University Place and Tacoma–Lakewood area, view easements are usually created by a recorded deed or easement agreement, a plat dedication, or CCRs. The instrument is recorded with the Pierce County Recorder or Auditor. That public record gives notice to current and future owners.
Unrecorded promises or emails generally do not create enforceable rights against later buyers. If a seller says there is a view easement, you should ask for the document number and a copy of the recorded instrument.
Title reports and plats
Title report essentials
Recorded view easements appear in Schedule B or the exceptions section of a preliminary title commitment. You will see a short description and a recording number. The title company lists the document but does not interpret vague wording or enforceability.
Title insurance protects ownership and recorded-instrument defects. It does not insure a “view.” If a view easement affects your parcel, it typically appears as an exception to coverage. Ask the title officer how the easement will be shown on your final policy and whether any endorsements are available.
Plats and surveys
Plats may depict view, scenic, or no-build easements on the map. If the easement has a metes-and-bounds description, an ALTA or boundary survey can locate the corridor on the ground. For map-based corridors with bearings and distances, exact location matters for enforcement.
If no recent survey exists, consider ordering one. A surveyor can stake the corridor so you can see, in real space, where restrictions begin and end.
What the wording means
Look for specific language in the recorded document:
- Scope. “A non-exclusive easement for the protection of the view from Lot X over portions of Lot Y.”
- Prohibitions. “No buildings, fences, or vegetation exceeding a specified height shall be permitted within the easement area.”
- Rights of entry. The grantee may enter to remove obstructions or perform maintenance, sometimes with notice requirements.
- Maintenance and costs. Who pays for trimming, removal, or ongoing care.
- Duration and assignment. Whether the rights are perpetual and transferable to future owners.
- Remedies. Injunctive relief, removal rights, fines, or damages if a violation occurs.
If you see vague terms like “reasonable view” or no height limits, expect ambiguity. Courts often interpret unclear restrictions conservatively and may favor the record owner of the servient parcel.
Practical impacts on your property
Landscaping and trees
A recorded view easement can restrict new plantings and allow trimming or removal of trees that obstruct the protected view. If the document is silent about vegetation, enforcement may require negotiation or litigation. Without a recorded easement, Washington law does not create an automatic right to a view, so most tree disputes are handled through nuisance or trespass principles with uncertain outcomes.
Buildings and additions
Private easements are not overridden by city or county permits. If a view easement creates a no-build strip or height limit, you cannot lawfully place structures that violate it. A proposed addition that intrudes on a defined corridor is likely to draw an objection or legal action from the easement holder.
Access and maintenance
Some easements grant the grantee a right to enter the servient property to remove obstructions. Entry may be limited by notice, hours, or methods. Clarify who pays for trimming, removal, and maintenance before you plan improvements or landscaping.
Other easements and code
Utility, access, and drainage easements may overlap, but they do not create view protection unless expressly stated. Local zoning, height limits, and shoreline rules can influence what can be built but do not create private view rights. For specifics, review city or county permit history and zoning standards alongside the recorded view document.
Due diligence for buyers
Protect your investment by verifying the easement early in the process.
Documents to obtain
- Preliminary title report and certified copies of any recorded view easement.
- Current deed and, if available, the neighbor’s deed that references the easement.
- Plat map and any CCRs or HOA rules related to view protection.
- Latest ALTA or boundary survey showing the easement area. Order a new survey if needed.
- City and county permit history for the property and adjoining lots.
On-site inspection
- Visit at different times of day and in multiple seasons to understand the actual view and sun angles.
- Note trees, hedges, fences, and accessory structures within the corridor.
- If the easement uses measurements or bearings, have a surveyor stake the corridor.
Questions to ask
- Title company. “Are there recorded view easements or no-build restrictions affecting this parcel? How will they appear on the policy, and are endorsements available?”
- Seller or listing agent. “Any known disputes, prior tree removals, or permissions within the easement?”
- City or county staff. “Any plat notes, conditions, variances, or past code actions affecting the view corridor?”
- HOA, if applicable. “Do CC&Rs include view-protection clauses? How are violations handled, and who is the easement holder?”
- Surveyor, arborist, or contractor. “Which trees exceed allowed heights? What are trimming or removal costs, and are permits required?”
- Real estate attorney. “Interpret the easement’s scope, entry rights, remedies, and how to modify or extinguish it.”
Guidance for sellers
If you are selling a view home, transparency builds trust and reduces friction.
- Disclose any recorded easements and provide copies up front.
- Consider commissioning a survey that clearly locates the easement and summarizes height limits or no-build areas.
- If the easement is well defined, highlight it as a feature that protects the view. If language is ambiguous, price with that risk in mind or work toward clarification.
- Share any past maintenance or tree work associated with the easement and how costs were handled.
Clarity can boost marketability and shorten negotiations, especially for buyers who are paying a premium for a protected view.
Negotiating changes or resolving issues
If the easement feels too restrictive or unclear, you may have options:
- Modification or release. Negotiate with the easement holder to amend terms or release all or part of the corridor. Record any changes.
- Side agreements. Allocate maintenance responsibilities or cost sharing for vegetation management.
- Indemnity from the seller. For known issues, request seller funds in escrow or indemnity for preexisting violations.
- Litigation or quiet title. As a last resort, pursue a court order to interpret, narrow, or extinguish the easement. This is often costly and uncertain.
Title insurance and risk
Title policies show recorded instruments and insure against certain defects, but they do not insure a view. Expect a recorded view easement to appear as an exception on your policy. Ask your title officer how the easement is treated and whether additional endorsements are available for your situation.
Local resources to contact
- Pierce County Recorder or Auditor for recorded instruments and plats.
- City of University Place Planning and Building for permit history and code questions.
- Pierce County Assessor and GIS for parcel maps and easement depictions.
- Local title companies for commitments, policy details, and certified copies.
- Licensed land surveyors and certified arborists for on-site staking and vegetation evaluations.
- A Washington real estate attorney for interpretation and dispute resolution.
Key takeaways
- A view easement is only as strong as its recorded language and mapped location. Verbal assurances are not enough.
- Clear height limits and defined corridors are enforceable and predictable for buyers and sellers.
- Ambiguity increases risk. When in doubt, survey, consult a title officer, and engage counsel before relying on a view.
- For sellers, proactive disclosure and documentation enhance confidence and value.
Ready to evaluate a view property or prepare a view home for market in University Place? Connect with a local, high-touch team that understands how recorded rights and refined presentation come together. Request a private consultation with Morrison House Sotheby’s International Realty®.
FAQs
What is a view easement in University Place?
- A recorded right that limits obstructions on one property so a neighboring property can enjoy a defined view corridor or height limit.
How do I find a recorded view easement?
- Check the preliminary title report for exceptions, then obtain a certified copy of the instrument from the county and review the plat or CCRs.
Will title insurance protect my view?
- No. Title insurance covers certain title defects but does not insure a view. It will list recorded easements and usually show them as exceptions.
Can my neighbor plant trees if there is no easement?
- Generally yes. Without a recorded easement or applicable covenant, there is no automatic right to a view. Tree disputes become nuisance or trespass issues.
Can an easement holder enter my yard to cut trees?
- Only if the recorded document grants entry rights. Some easements require notice or limit methods. Review the instrument to confirm.
How do I know where the corridor is located?
- Review the metes-and-bounds or map in the recorded document and hire a surveyor to stake the easement on the ground.
Do local permits override a private view easement?
- No. Municipal permits and codes do not eliminate private recorded restrictions. An easement can block an otherwise permitted structure.
