Love that Soundview panorama or the blue-on-blue slice of Puget Sound from a ridge lot? If you are shopping in Gig Harbor, the right to keep that view is not automatic. It usually depends on a recorded view easement or covenant that can also limit what you do with your own property. In this guide, you will learn what a view easement is, how it shows up in Pierce County records, how it can affect remodels and trees, and the smart steps to take before you buy. Let’s dive in.
What is a view easement
A view easement is a recorded agreement that limits what the burdened property owner can do so the easement holder keeps a view. It might restrict building heights, limit vegetation, or require trimming to prevent obstruction. The easement’s exact words control what is allowed, who benefits, and how it is enforced.
Most view rights are created as express easements or restrictive covenants in CC&Rs or a deed. They can be appurtenant, benefiting a specific neighboring lot, or in gross, benefiting a person or an HOA. View easements are usually negative rights because they prevent certain actions like building or planting above a set height.
A key point: a view is legally protected only when a valid instrument exists. A general expectation of a view or an unrecorded promise is not enough. Always read the recorded document to know the rules, the measurements, and any maintenance obligations.
How it appears in title
Title commitment basics
Your title commitment lists recorded items that affect the property. Look in Schedule B for references to easements or covenants. A view easement may be labeled as a “view easement,” “restrictive covenant limiting height of vegetation,” or “scenic easement,” and will include a recording number. Do not rely only on that brief line. Request the full recorded instrument and any referenced maps so you can see the exact limits and obligations.
Other records to check
In Gig Harbor and Pierce County, you can also review:
- Pierce County Recorder or Auditor for recorded easements, deeds, and plat maps.
- Pierce County Assessor and GIS for parcel and plat mapping that can show easement areas.
- City of Gig Harbor Community Development for any subdivision CC&Rs on file inside city limits and for permit history.
- Subdivision plats and dedication pages, which may graphically show easement corridors.
- HOA CC&Rs, bylaws, and rules if the property sits in a community association.
What to ask your title team
- Full copies of any recorded easement or covenant, including maps and recording numbers.
- A clear note on who benefits from the easement, such as a named parcel, a numbered lot, or an HOA.
- A survey or map that shows the easement’s location and width on the property.
- Clarification on whether the title policy will exclude claims related to the easement.
How easements affect projects
Remodels and additions
View easements often control the building envelope. Height limits or protected sightlines can prevent a second story, a taller roofline, or rooftop features within the easement plane. Setbacks may look workable on a zoning map, yet a view corridor or height restriction in the easement can stop a planned addition.
Permits and private restrictions operate on different tracks. A city or county permit does not override a private easement. A permitted project can still be blocked by an easement and lead to enforcement actions. If you need an easement modification or neighbor agreement, build in time and cost for legal work and approvals.
Tree trimming and vegetation
If the easement includes vegetation limits, the easement holder may have the right to require trimming or removal within the defined area. The document should outline notice, timing, and who pays. If no recorded easement exists, your rights are more limited. In many places you can trim branches that cross over your property line up to the line, but you cannot enter a neighbor’s land or harm the tree. When an HOA is involved, expect set procedures for requests, permits, and enforcement.
Enforcement in practice
View easements are usually enforced with injunctions or fines in HOA contexts. Courts can order removal of structures or vegetation that violate the easement. Disputes can be time consuming and costly, which is why it pays to verify the rules before you remodel or plant.
Gig Harbor specifics
Ridge neighborhood patterns
Many ridge neighborhoods in Gig Harbor, including areas like Soundview, were platted with CC&Rs to preserve sightlines across multiple lots. These covenants can remain enforceable for decades unless changed by a recorded agreement. Utility easements and public view corridors can also appear on plats and would restrict where you can build or plant.
Local rules that interact
- Critical areas: Steep slopes, wetlands, and shoreline buffers in Pierce County and the City of Gig Harbor can limit additions, grading, and tree removal.
- Tree regulations: Municipal codes can require permits for certain removals, especially on slopes or near shorelines.
- Shoreline management: If your view depends on shoreline sightlines, shoreline rules may affect decks, boathouses, and other improvements.
Typical scenarios
Common friction arises when mature trees on an intervening lot block a view but there is no recorded easement. In that case, it is a neighbor-to-neighbor conversation rather than an enforceable right. By contrast, when a recorded view easement exists, you will likely see defined height caps or trimming schedules that shape how each owner maintains trees and hedges.
Due diligence checklist
Before you write an offer
- Ask the seller and listing agent about any recorded easements, CC&Rs, HOA rules, or neighbor agreements tied to views. Request copies.
- Include an inspection and title contingency to review the preliminary title report and all referenced instruments.
- If the view is critical, request a survey or boundary map that shows easement areas and confirm sightlines from planned living spaces.
Before closing
- Read the actual recorded easement or covenant. Confirm beneficiary, height limits, distances, maintenance, and any right of entry for trimming.
- Order a current survey that overlays easement lines. Verify that existing structures comply and that future plans will fit.
- If an HOA exists, obtain CC&Rs, bylaws, rules, and recent meeting minutes that reference view protection and tree management.
- Consult a local land-use or real estate attorney for ambiguous language or if a remodel could intersect a view plane.
If you discover an issue
- Modify or terminate the easement by recorded agreement, if both parties consent. This often involves legal work and possible compensation.
- Negotiate concessions, such as seller-funded trimming if permitted, an arborist report, or a price adjustment.
- Seek a written waiver or license from the beneficiary for a one-time project when a full modification is not feasible.
- Use escrow or indemnity protections if a dispute risk is identified during due diligence.
Questions to ask
- Are there recorded easements or CC&Rs that limit additions, roof height, or rooftop decks?
- Can you provide copies of all recorded instruments by recording number?
- Who benefits from any view easement, and is there a history of enforcement?
- Does the HOA have a formal view policy or past disputes noted in minutes?
- Have permits been required for tree work on this lot or adjacent lots?
- If I plan a remodel that affects sightlines, what approvals, private and public, will I need?
Common myths to avoid
- “I paid for the view, so it is protected.” Not unless a recorded instrument preserves it.
- “My building permit is all I need.” Private easements can still block a permitted project.
- “All view easements work the same.” Small wording differences can change what is allowed and who enforces it.
Next steps
If a protected view is a priority, build your plan around documents, not assumptions. Verify the title, read the recorded instruments, map the easement, and check city or county rules that may affect trees and construction. With the right due diligence, you can buy confidently and design your home without surprises.
Ready to evaluate a Gig Harbor ridge property with clear, step-by-step guidance? Book a quick strategy session with Catt Johnson to map your due diligence and move forward with confidence.
FAQs
What is a view easement in Gig Harbor?
- It is a recorded agreement that limits structures or vegetation so a neighboring party or HOA can preserve a view, with rules defined by the exact document language.
How do I find out if a property has one?
- Review the title commitment’s Schedule B for recorded easements or covenants, then request and read the full recorded instrument and any referenced maps.
Can I add a second story if I have permits?
- Not if the addition violates a recorded view easement; permits do not override private easements and projects can be stopped or ordered removed.
Who pays for tree trimming under an easement?
- The recorded instrument controls; it may assign trimming duties, notice requirements, and costs to the servient owner, the beneficiary, or both.
What if my view is blocked but no easement exists?
- Without a recorded instrument, you generally lack an enforceable right to a view; solutions often rely on neighbor cooperation and local tree rules.
Do HOAs enforce view rules in ridge areas?
- Many subdivisions use CC&Rs with view protections; HOAs can have procedures, fines, and enforcement, all defined in the governing documents.
Is buying a ridge home without an easement risky?
- It can be if the view is essential to you, since trees can grow and neighbors can build within zoning; thorough due diligence helps you weigh the tradeoffs.
