Legal Question in Real Estate Law in California

Re: neighbor issues

In most cases, the answer is no. California state law does not guarantee you a right to a view.

However, there are two possible exceptions that I am aware. First, there is nothing preventing your local county or city government from adopted a regulation regarding preservation of views. Second, communities that are subject to CC&Rs (i.e. condominimums or certain planned developments) MIGHT have provisions in the CC&Rs that contain view preservation provisions. Under those circumstances, your neighbor might have some legal rights to make the request.

Re: neighbor issues

No. That is one of the historical questions in American property law. There is no law granting a right to sunlight, view, etc.There may be a local ordinance that establishes such a right for the narrow purposes of language of that locally imposed law, but those normally refer to trees that were not there originally and which have grown to block a view [often as to only certain types of trees]. So the neighbor can demand it but does not have anything to support him in a court of law. Tell him that you can not demand that he tear down part of his house because it blocks some sunlight from getting to your house which was built earlier [if that is the case] nor have him change the color of the exterior paint of his house that you find disturbing. If you do not care that much what you have planted there, you can tell him if he will pay for your removing the plants and putting in new ones that both of you approve of you would think about it. How can a home be a man's castle if the neighbor can drain the moat?