Homeowners' Right to Views
Contrary to popular belief, most homeowners do not have a right to their view.
Generally, homeowners have no right to a view (or light or air), unless it has been granted in writing by a local ordinance or subdivision rule. The exception to this general rule is that someone may not deliberately and maliciously block another's view with a structure that has no reasonable use to the owner.
View Ordinances
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 obstructed by growing trees. They don't cover buildings or other structures that block views.
Generally 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:
- Certain species of trees may be exempt, especially if they grew naturally.
- A neighbor may be allowed to complain only if the tree is within a certain distance from his or her property.
- Trees on city property may be exempt.
See How to Find Local Ordinances to locate your city's laws and policies.
Other 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:
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