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Trees blocking Million Dollar View!

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wwresident

Junior Member
What is the name of your state? California

A tree I believe to be on my neighbor's property just over our property line is huge and blocking a million dollar view of city lights and mountains in LA, near Mulholland Drive. It completely obscures my window! Can I trim the part I believe to be overhanging my property, and if so how much can I trim (it is quite overgrown)? If it ends up that the tree is actually on our property line, what will the consequences be? He doesn't even want to hear about trimming trees, yet he cut down two 100 year old oaks, denuding the front of his own property and making our neighborhood quite bare because he said they were hurting his foundation. Doesn't the Mulholland Scenic Commission have something to say about this too? Where is the source for the true answer?
 


HomeGuru

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

A tree I believe to be on my neighbor's property just over our property line is huge and blocking a million dollar view of city lights and mountains in LA, near Mulholland Drive. It completely obscures my window! Can I trim the part I believe to be overhanging my property, and if so how much can I trim (it is quite overgrown)?

**A: yes, you can trim up to your property line.

***********************
If it ends up that the tree is actually on our property line, what will the consequences be?

**A: he can sue for trespassing and property damage etc.
*********************
He doesn't even want to hear about trimming trees, yet he cut down two 100 year old oaks, denuding the front of his own property and making our neighborhood quite bare because he said they were hurting his foundation. Doesn't the Mulholland Scenic Commission have something to say about this too?

**A: I don't know. What did they tell you when you asked?

Where is the source for the true answer?
**A: are there any view restrictions etc. recorded as CC&R's?
 

I AM ALWAYS LIABLE

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

A tree I believe to be on my neighbor's property just over our property line is huge and blocking a million dollar view of city lights and mountains in LA, near Mulholland Drive. It completely obscures my window! Can I trim the part I believe to be overhanging my property, and if so how much can I trim (it is quite overgrown)? If it ends up that the tree is actually on our property line, what will the consequences be? He doesn't even want to hear about trimming trees, yet he cut down two 100 year old oaks, denuding the front of his own property and making our neighborhood quite bare because he said they were hurting his foundation. Doesn't the Mulholland Scenic Commission have something to say about this too? Where is the source for the true answer?
My response:

You truly do have a million dollar view. I live very close to where you live, and thoroughly enjoy my view. However, as to your legal rights, you only have subterranean and Air Space rights, subject to your deed restrictions, as follows:

A fee interest in land includes ownership of the "surface" and "everything permanently situated beneath or above it." [See Ca Civil § 829]

Despite Ca Civil § 829 (fee owner's interest extends to "everything permanently situated . . . above" the land), ownership of air space is limited to so much space above the land as one can reasonably and beneficially use and enjoy--a question of fact in each case. [United States v. Causby (1946) 328 U.S. 256, 264-265, 66 S.Ct. 1062, 1067-1068]

In other words, you do not have "lateral" view rights.

IAAL
 

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