Legal Question in Real Estate Law in California

California has amended its laws to acknowledge solar energy as an important part of its energy and environmental policy with the addition of sections 714 and 801.5 to the Civil Code. Nevertheless, these sections stop short of trying to give a homeowner an absolute right to receive solar radiation across a neighboring property. 801.5 makes this abundantly clear by giving some guidelines for what must be included in a grant of easement to receive sunlight across a neighbor's property. In short, your neighbor and you can enter into an agreement whereby he assures you of future solar radiation access across his property, and that would become a "permanent" easement right, but absent such an agreement, he can, seemingly, grow trees or (zoning permitting) build a skyscraper. If there are any cases where an appellate court has recognized any non-statutory right to receive sunlight, I am not presently aware of them. Some counties and cities have local ordinances protecting views, and you might inquire of your city or county attorney's office whether there is anything of a local nature that might affect your rights.

I would add to Mr. Whipple's response that if the limbs of the tree extend onto your property, you have a right to trim them back to the property line.