Is It Legal to Block Someone’s Home View in California?

The value of a property is frequently related to the view it provides residents. A home with a view of the ocean or a lake often sells at a much higher price than its neighbor across the street. This is because residents enjoy the benefits of waking up to a luxurious coastal view every morning. Unfortunately, clear views are not always possible; on sometimes, a neighbor may do so. There is no right to light, air, or view in our country unless it is expressly granted in writing by a law (usually local) or subdivision rule. The exception to this general rule is that no one may intentionally and maliciously block another person's view. This general rule also applies in California. If homeowners want to fully understand their rights, they should consult their city ordinance. In some cases, ordinances protect homeowners' views, particularly when the home overlooks the ocean or another desirable vista.

As a Homeowner, What view protections do you have?

As previously stated, certain city ordinances can protect a homeowner's view. The laws, however, are never black and white. An ordinance, on the other hand, simply allows the homeowner to file a lawsuit in court. The judge responsible for the case however, has the final say in how to move forward.

View Protection Subdivision Rules

If you live in a subdivision or planned development, you can check your home's deed. Look for the phrase "restrictive deed covenants" – these are rules that can protect your rights as a homeowner. There are no general guidelines for these kinds of communities. Instead, householders should examine and ascertain what rights they have to their views. What can be done in the event of a disrupted vision is also important.

If My City Does Not Have a Local View Ordinance, Are There Still Ways to Protect My View?

Homeowners associations (HOAs) often create their own rules on blocking someone's view and lay them out in their contracts. Even if your city does not have a view ordinance, you may be able to pressure your HOA into taking legal action against a person blocking your view. Especially if the object blocking it also is affecting other homeowners in the association. While some cities lack specific view ordinances, they may have “nuisance laws,” which provide general regulation for objects that may cause a nuisance to others in the community. Notably, these restrictions typically do not apply to trees. However, you might be able to use nuisance laws as justification to compel the removal of additional view-obstructing items.

What Is an Easement and How Can It Help Me Keep My View?

An easement is a contract between a homeowner and someone else (usually who lives nearby) who has an interest in telling the homeowner how to use their land. These are common contracts that people who want to protect their views use. They can be purchased before the view is blocked to ensure its protection or after it is blocked to remedy a view dispute.

What to do to Reclaim your View?

In California, neither the federal nor state governments do much to prevent view obstructions from occurring at your house. The only significant statewide protection for your home view is that it is illegal to block someone's view with something that has no reasonable use to a homeowner. While there are few state/federal laws protecting your view, many municipalities enact local ordinances and other forms of zoning laws, commonly known as “view ordinances.” In some shape or form, they are meant to prevent your neighbors from building things or planting trees that would greatly disrupt your view. In California, view ordinances are quite common, especially in coastal areas where homeowners are especially interested in protecting their view, and in turn, the value of their home. Before going straight to the courthouse, as with any neighborly dispute, it is best to take certain steps. The majority of disputes between neighbors are easily and reasonably resolved. You can, however, hire an attorney for such a case. That is where Kaass Law comes in. Contact our office to find an attorney specialized for your case.