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Neighbor's new trees blocking view

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blocked view

Guest
What is the name of your state? What is the name of your state? California

I have a view lot with a rod iron fence between my property and the neighbor below me. My neighbor has now planted trees along the property line on her side of the fence. I have asked her not to because it is blocking my view. She says she can do anything she wants on her property. Do I have any recourse? Any suggestions?
 


I AM ALWAYS LIABLE

Senior Member
blocked view said:
What is the name of your state? What is the name of your state? California

I have a view lot with a rod iron fence between my property and the neighbor below me. My neighbor has now planted trees along the property line on her side of the fence. I have asked her not to because it is blocking my view. She says she can do anything she wants on her property. Do I have any recourse? Any suggestions?
My response:

If you can find anything in your CC&R's regarding a "right to views" or "blocking views", then you can maintain a lawsuit for nuisance and damages therefor against your neighbor. Without any rules or regulations concerning abatement of such view blockage, you have no statutory or constitutional "right" to your "view."

This issue has already gone to the U.S. Supreme Court many years ago, and it was decided that no one has an automatic "right" to a particular view from their property unless there are rules, regulations or covenants "running with the land" allowing such a view, and abatement of blockages.

However, all is not lost. Your neighborhood nursery has many effective defoliants for sale, and your neighbor would never know. She'd be scratching her head wondering why her trees were dying or dead. I'll never tell . . .

IAAL
 
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NoJustice

Guest
Spite Fence??

There are spite fence laws in CA and a row of trees can be considered a fence. The "fence" cannot be over 10' tall.

This might be a difference tack to take since there are no laws regarding blocking your view.

NoJustice.
 

I AM ALWAYS LIABLE

Senior Member
Re: Spite Fence??

NoJustice said:
There are spite fence laws in CA and a row of trees can be considered a fence. The "fence" cannot be over 10' tall.

This might be a difference tack to take since there are no laws regarding blocking your view.

NoJustice.
My response:

Please enlighten me with your California authority that equates a "spite fence" with "trees" in the definition, especially where there are no allegations of blocking ingress and egress to property.

IAAL
 
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blocked view

Guest
Spite Fence??

It is certainly being done in spite. Unfortunately, 10 feet is more than adequate to get the job done.
 

HomeGuru

Senior Member
Re: Spite Fence??

blocked view said:
It is certainly being done in spite. Unfortunately, 10 feet is more than adequate to get the job done.
**A: then those are spite trees but there are no spite tree laws that I am aware of in your area.
 
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NoJustice

Guest
Check out this link...

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2002/c038341.html&search=spite fence trees

Quoting from the 2002 Wilson v. Handley Case Law at Findlaw.....

"The question presented here is whether a row of trees planted parallel to a property line can be a "fence or other structure in the nature of a fence" within the meaning of the spite fence statute. The trial court concluded that, "at least when they grow naturally and are not pruned or trimmed," a row of trees is not within the scope of the spite fence statute because "[t]rees are neither built [n]or constructed." We disagree. Because the spite fence statute must be liberally construed, we conclude a row of trees can be a "fence or other structure in the nature of a fence" and thus can be a spite fence under section 841.4. (California Civil Code) Whether the row of trees at issue in this case is a spite fence is a matter for the trial court to determine in the first instance. Accordingly, we will reverse the judgment and remand the matter for further consideration. "

We've recently been accused of erecting a spite fence and I've been doing considerable research on the spite fence laws.

NoJustice..
 

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