Legal Question in Real Estate Law in California

Neighbor's trees are blocking sunlight to homes

Three 40-ft trees (~6'' diameters) in neighbor's yard so close to dividing fence that almost 1/2 of branches hang over into the yards of our 3-story condo bldg. We cannot even look up in our airspace above our yards b/c branches completely cover parts of our yards and even push into windows of our condo units thereby BLOCKING OUT MUCH OF OUR NATURAL LIGHT. Trees constantly drop leaves and sticky burrs that we have to clean up (quite a mess even weekly) and impact our natural drainage too. Neighbor's leaves pile up feet high in their yard constituting a fire hazard too. Will tree owner say we bought condos knowing trees were there? They have grown much and invaded our yards in 4 years. Legally, we cannot trim branches back to property line b/c TREES WILL FALL OR DIE. Seems only fair that tree owner should remove trees at his expense so we have natural light we used to have (and do not have to clean his tree debris). Under the law, it seems we have no choice but for trees to totally block out all sunlight to our units. Please help!


Asked on 11/15/02, 2:01 am

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Neighbor's trees are blocking sunlight to homes

Unfortunately, THERE IS NO RIGHT TO A VIEW OR NATURAL LIGHT, unless your city or county law provides for it. Check with them to see if there is such a law for your community.

Unless local law prohibits such, you can trim the overhanging portions if it will not damage the tree, and if the neighbor refuses to do so him/herself.

Regarding the fire hazard, this can be reported to your city/county, who can then issue a citation to force the cleanup of the leaves.

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Answered on 11/15/02, 2:13 pm


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