What does California law have to say about views and spite fences in San Diego? You bought your house years ago because of the marvelous view from your living room window or backyard. Then your neighbors added a second story, constructed a fence or planted trees which block your view, and your sunny backyard is now shaded and gloomy most of the day. What can you do? In short: move—perhaps.
State law does not give homeowners a right to sunlight or a view in a particular direction, but there are interesting exceptions. If the second story is properly permitted and the trees are reasonably placed, then you’re probably out of luck. But consider whether your city, community, or homeowners association has a rule regarding views and spite fences which will protect your view.
These types of covenants may be rare, but do exist. Sometimes you can tell driving by because trees are unnaturally lopped off and flattened out at a certain height. This preserves views but ruins trees.
Also, any fence, including trees planted “in the nature of a fence,” constitute a spite fence and private nuisance if (California Civil Code, § 841.4):
- they “unnecessarily” exceed 10 feet in height; and
- they were erected, planted, or maintained for the dominant purpose of annoying you.
If both points are true, then you can sue for damages or to have the fence/trees removed or substantially reduced in height. However, the challenge in these cases is providing evidence the action was taken because your neighbor just wanted to annoy you.
Disputes regarding views and spite fences in San Diego may be resolved regardless of the law in many cases, and under the law in others. If you are concerned about trees or a fence which have been purposefully placed we invite you to contact the Watkins Firm or call 858-535-1511 for a free consultation to learn more. We may be able to help negotiate a resolution or work with you to convince your neighbor to take action.
