Can You Guarantee an Ocean View in Cabo?

by Fletcher Wheaton

I was recently sitting with a client at a pre-construction project. We were looking out at a beautiful ocean view when he asked me a question I hear often: “How can I guarantee that this view will always be here?”

It’s a fair question. After all, for many buyers in Los Cabos, the view is one of the most important parts of the purchase. But the reality is, outside of beachfront property, it’s nearly impossible to guarantee an ocean view forever. Let’s look at why.

The only situation where you can truly guarantee a view is when you own direct beachfront property. If your land or condo fronts directly on the sand, nothing can be built between you and the ocean. Beyond that, things become more complicated.

Even if you’re looking at land in front of you that’s currently vacant, you can’t assume it will stay that way. Zoning may give clues, but it rarely offers ironclad protection.

Zoning and Private Agreements - Zoning in Los Cabos might list land as residential, mixed-use, or commercial, and it may be divided into smaller lots. In theory, you could have a private agreement with the landowner in front of you to preserve your view. But here’s the challenge: if the land changes hands, the new owner is not automatically bound by that agreement unless it is reflected in the title. Without that, proving your right to a “line of sight” is nearly impossible.

Master-Planned Communities Aren’t Foolproof - Some buyers look to master-planned communities for reassurance. These developments often have building envelopes, set height restrictions, and view corridors designed to protect sight lines. However, even major developers in Los Cabos have made changes over time.

I’ve seen fairways raised by three meters—about nine feet—which completely altered views. I’ve seen golf courses redesigned or abandoned, opening the way for new construction. Building codes allow developers to build up to certain levels, and they sometimes take full advantage of that.

So, while master-planned communities can reduce risk, they don’t completely eliminate it.

The Cabo Advantage: Terrain

One factor that works in Los Cabos’ favor compared to flatter destinations like Cancun is the natural topography. Our hills and elevation changes often create viewpoints that make it more likely you’ll retain at least partial views, even if development happens around you. Still, terrain isn’t a guarantee—it’s just a layer of protection.

The Wild Cards: Variances and Exceptions

Even if zoning and building codes say one thing, developers sometimes seek variances from the city council to build higher or denser than originally planned. Most of the time, regulations are enforced, but there have been cases where corruption or administrative changes allowed projects to exceed restrictions. That’s when you end up with the “hodgepodge” effect—an unexpected tall building where it doesn’t seem to belong.

So, what can you do if a view is important to you?

Do Your Homework – Review zoning, talk to your agent and attorney, and understand what’s legally permitted on the land in front of you.

Favor Established Communities – While not foolproof, master-planned projects with clear rules are generally safer than raw land with uncertain future use.

Look at the Terrain – Natural elevation can help protect views even if nearby lots are developed.

Be Realistic – Outside of beachfront, no view is guaranteed. If a view is a dealbreaker, focus your search accordingly.

In my experience, you cannot fully guarantee an ocean view unless you own beachfront property. Even then, smart buyers do their due diligence. Los Cabos is growing quickly, and change is inevitable. The good news is that with careful planning, a solid understanding of zoning, and a bit of common sense, you can make an informed decision and reduce the risk of losing the view that made you fall in love with the property in the first place.

Fletcher Wheaton – fletcher@remexico.com

Real Estate Attorney in Cabo – www.jetzlaw.com

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