29/05/2026
Many property buyers assume that purchasing a home with a beautiful ocean, mountain, or forest view means that the view is legally protected. Unfortunately, under South African law, this is not always the case.
In terms of South African common law, a view is generally regarded as an incidental advantage rather than a legal right. This means that a neighbour’s right to develop their property will often take precedence over your enjoyment of a view.
⚖️ When can a view be protected?
1. Where there is a specific condition recorded in the Title Deed
2. Where there is a recognised public interest consideration
📌 Important: Before paying a premium for a “view,” ensure that your Conveyancer carefully reviews the Title Deed and any applicable restrictions.