Real Estate FAQ

Unfortunately, you have no right to light, air, or a view, unless it has been granted in writing by a law or subdivision rule. The exception to this general rule is that someone may not deliberately and maliciously block another homeowner's view with a structure that has no reasonable use for the owner.

This rule encourages building and expansion, but the consequences can be harsh. If a view becomes blocked, the law will help only if:

How can a view ordinance help?

A few cities that overlook the ocean or other desirable vistas have adopted view ordinances. These laws protect a property owner from having his view (usually, the view that he had when he bought the property) obstructed by growing trees. They don't cover buildings or other structures that block views.

The ordinances allow someone who has lost a view to sue the tree owner for a court order requiring him to restore the view. A neighbor who wants to sue must first approach the tree owner and request that the tree be cut back. The complaining person usually bears the cost of trimming or topping, unless the tree was planted after the law became effective or the owner refuses to cooperate.

Some view ordinances contain extensive limitations that take most of the teeth out of them. Some examples:

Cities Without View Ordinances

If, like most cities, your city doesn't have a view ordinance, you might find help from other local laws. Here are some laws that may help restore your view:

Fence Height Limits. If a fence is blocking your view, it may be in violation of a local law. Commonly, local laws limit artificial (constructed) fences in back yards to six feet high and in front yards to three or four feet. Height restrictions may also apply to natural fences, such as hedges.

Tree Laws. Certain species of trees may be prohibited -- for example, trees that cause allergies or tend to harm other plants. Laws may also forbid trees that are too close to a street (especially an intersection), to power lines, or even to an airport.

Zoning Laws. Local zoning regulations control the size, location, and uses of buildings. In a single-family area, buildings are usually limited to 30 or 35 feet. Zoning laws also usually require a certain setback, or distance between a structure and the boundary lines. They also limit how much of a lot can be occupied by a structure. For instance, many suburban cities limit a dwelling to 40% to 60% of the property. If a neighbor's new addition violates a zoning ordinance and obstructs your view, you may be able to get your view back by bringing the zoning ordinance violation to the city's attention.

I live in a subdivision with a homeowners' association. Will that help me in a view dispute?

Often, residents of subdivisions and planned unit developments are subject to a detailed set of rules called Covenants, Conditions, and Restrictions (CC&Rs). They regulate most matters that could concern a neighbor, including views. For example, a rule may state that trees can't obstruct the view from another lot, or simply limit tree height to 15 feet. If someone violates the restrictions, the homeowners' association may apply pressure (for example, removing the privilege of using a swimming pool) or even sue. A lawsuit is costly and time-consuming, however, and the association may not want to sue except for serious violations of the rules.

If the association won't help, you can take the neighbor to court yourself, but be prepared for a lengthy and expensive experience.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

If a neighbor's addition or growing tree blocks my view, what rights do I have?

How can a view ordinance help?

I live in a subdivision with a homeowners' association. Will that help me in a view dispute?