Legal Question in Real Estate Law in California
Neighbor wants to cut the tree on my property for their view
I'm a member of a homeowner's association of a gated community. I have a large backyard slope which is part of my property but is maintained by HOA. A neighbor who moved in about two years ago to a house elevated behind my backyard slope is pushing HOA to cut the large pine tree which has been in my backyard slope ever since the community was built. They are doing this because it partially blocks (~30%) their view, but this tree provides the privacy for us from the very neighbor that wants to have the tree cut. Besides, the tree also makes my backyard slope look more graceful. At first we let the HOA to trim the tree more than what we like in order to open the view for them, but the neighbor is still insisting on cutting it down all the way and is constantly persuading HOA. I have the feeling that the HOA seems to be leaning toward in favor of new neighbor. Is there anything we can do if the worst comes? What are our rights?
2 Answers from Attorneys
Re: Neighbor wants to cut the tree on my property for their view
Review the convenants codes and restrictions, as well as bylaws and see if there are rules that can guide you.
Joel Selik
Attorney at Law
Licensed CA Real Estate Broker
Re: Neighbor wants to cut the tree on my property for their view
Generally there is no legal right to a view, and therefore no all-inclusive legal means to force a property owner to open up a view by cutting his trees or allowing them to be cut. It doesn't fall into a category like 'private nuisance' or 'interference with easement rights.' Thus, any nonconsensual removal of the trees would probably be a trespass, in general. There are also specific laws prescribing additional damages for trespassory cutting of trees.
Having said that, it would not be uncommon at all in a planned development or other HOA-managed community, or even under zoning laws or CC&Rs, to have rules that add something more restrictive to the general rule of 'no right to a view.'
You, or preferably a local real-estate lawyer, should examine the zoning, recorded CC&Rs, HOA rules, and your deed (as well as any contract you may have been required to sign at purchase or later) for language that, even by implication, might give neighbors viewshed rights or give the HOA regulatory powers of any kind over landscaping.
Then, you or your attorney can arrive at a better-informed decision as to whether the neightbor or the HOA can make such demands.
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