The experienced real estate and litigation attorneys at the Watkins Firm have helped to resolve many view disputes and other common neighbor disputes over the past four decades. One of the common questions we are often asked in San Diego relates to the right of a property owner to enjoy an unobstructed view.
Presently, in California there is no law on the books that provides rights to an unobstructed view. However, it is perfectly legal for a municipal entity or even a neighborhood Homeowners Association (HOA) to place guidance on view preservation, tree height, fence height or the future development with regards to an existing view. These issues are usually addressed in the Covenants, Conditions and Restrictions or CC&Rs and regulations associated with a deed or municipality are almost always enforceable.
However, many view disputes and other common neighbor disputes arise over nuisances, including noise, fences and trees. Trees grow, and when you purchase a property you must take into consideration the existence of trees and other vegetation. Existing agreements to keep trees trimmed may not be enforceable in the future.
Options to Resolve View Disputes and Other Common Neighbor Disputes in San Diego
There are noise ordinances in most area communities and it is important to understand the difference between a “one-off” or unique disturbance (like one loud party) and repeated, well-documented instances (such as a regular “party house”). There are many opportunities for neighbors to seek guidance from the County or local municipalities and law enforcement.
Usually, disputes such as view disputes or other neighborhood issues such as noise or boundary disputes can be resolved by our attorneys through effective leveraged negotiation. This is the fastest and least expensive legal path to resolution. These situations can get out of hand, and it is better to nip the challenge in the bud and move forward.
The old saying “good fences make good neighbors” obviously holds merit. California does have specific laws regarding “spite fences”, or constructing any sort of fence (including the planting of new trees) in order to create “…a private nuisance to maliciously erect or maintain ‘any fence or other structure in the nature of a fence, unnecessarily exceeding ten feet in height…for the purpose of annoying the owner or occupants of adjoining property’.”
When it isn’t possible to work out an arrangement with your neighbor directly, it may be necessary to seek the advice of the experienced San Diego real estate attorneys at the Watkins Firm. If you are involved in view disputes and other common neighbor disputes, bitter neighborhood issues or questions relating to your boundary or lot lines in San Diego or throughout California, we invite you to review our podcast Episode 8 – Real Estate Law Overview as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
