"Views and Trees FAQ"
"Neighbors Dispute Over View-Blocking Trees"
However, also, see this "California spite fence statute (Civil Code Â§ 841.4)" post:
Personally, you just might explore exactly what your Neighbor is asking to have done in order to possibly agree on a specific solution to keep the peace.
He had such a clause because the west facing view is a 140 degree panoramic view of the ocean and the east facing view of the snow cap mountains and the rolling hills and countryside. They are out there.
Keep in mind that lawsuits are expensive.
If you feel like granting the neighborâ€™s request, ask that he pay for the removal of the tree.
Others have given you sound advice, though, even if you are not in a property governed by CC&R's, there still could be a view easement granted to a neighbor. You mentioned that the neighbor is the original owner. Do you mean he owned the property you live in now (he could have granted himself and easement or view clause) or do you mean he is the original owner of his current home?
The legal desrcription of your property should show any "deed restrictions" and your title policy should have any listed too.
I will also say that if you have to live next to your neighbor, you might offer to trim the tree somewhat. I think living anywhere and having a conflict with a neighbor is not a good thing.
If you call our Chicago Title customer service, they can send you the vesting deed with the legal description for free.
619.521.3478 Mention my name if they ask you who your rep is!
If you live in a community with particular CC&R's or HOA rules you may want to re-read them carefully. It may not be labeled "view clause". Look for details as to front view, rear view, foilage requirements, heights, etc... In some communities, views are protected and are governed by the HOA (not necessarily the City).
There is a very helpful book called, "Neighbor Law: Fences, Trees, Boundaries and Noise" by Attorney Cora Jordan (Nolo Press) that you may want to refer too. It is an excellent resource.
Marcie Sands, REALTOR
Simply The Best Real Estate Co., Inc.
Best of luck.
A clause to what? As far as I am aware, there is no view protection in San Diego. Let me know if you need any additional help or information.
Real Estate Broker/ RealtorÂ®
McAllister Homes Real Estate
Residential Sales & Property Management