ABA Family Legal Guide

Home Ownership

Managing Neighborhood Problems

Views

Can my neighbor legally block my view?

What can you do if come home from work and find a new fence on your neighbor's land blocking your view of the mountains? That depends in part on where you live. The best way to protect a view is to purchase an easement from your neighbor, guaranteeing that no obstruction of your view will be built on the land described in the easement. (See page 140.) You may cringe at the thought of paying for a view that is already there, but in the long run it is likely to be less costly--and more scenic--to buy an easement now than to bring a lawsuit in the future.

For example, a Los Angeles Superior Court judge ordered singer Madonna to trim her driveway hedges to eight feet in height and to trim a pine tree down to her roof level--and to pay the legal fees of the neighbor who brought the lawsuit against her. The neighbor contended that the untrimmed foliage blocked his Hollywood Hills view of the city lights below and reduced the value of his property. He was able to prevail because he had a long-standing written agreement with her regarding his view, so he simply went to court to enforce that contract.

Unless you live in a community that has a view ordinance, you are unlikely to get relief in the courts without such a contract. But even given a view ordinance, the mayor won't necessarily jump in and order your neighbor to tear down the obstruction. If the city does not feel your complaint has merit, you will have to initiate a lawsuit and wait until your day in court to request an order requiring your neighbor to restore your view. Depending upon the backlog in your local courts, that wait could be months. And, of course, your neighbor might appeal the decision, causing another lengthy delay. In the interests of time and sanity, it may be advisable to forego the legal wrangling and negotiate with your neighbor.

If your city does not have a view ordinance, you can still ask a court to have the offending fence or tree removed if you can show that by erecting or planting it, your neighbor was deliberately and maliciously trying to block your view. This would fall under the category of "spite fences," discussed in the next section.