Legal Question in Real Estate Law in California

Spite Fence rules regarding tree height

My neighbor has a row of trees ranging from 20-50 ft in a row 1-2 from my property line stretching for more then a 120 in length. These are all right next to a new 6ft boundary wall he just erected. His house and my house sit on a hill, his below mine. He had at one point trimmed his trees to preserve our view, out our cost, but due to a boundary dispute now refuses. He has the neighbors below him trim their trees to preserve his view. His ccr's have expired while ours have not. It is my understanding that we have a potential case under the CA spite fence/nuisance code since he is refusing to trim these out of spite. Is it true we have a potential case against our neighbor especially since the ruling in the Wilson vs. Handley case. Also, the potential loss of value from the view could be in excess of $150k.


Asked on 10/25/07, 5:22 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Spite Fence rules regarding tree height

I would prosecute the matter for you. Contact me directly.

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Answered on 10/31/07, 12:17 am
Bryan Becker Stutz Artiano Shinoff & Holtz

Re: Spite Fence rules regarding tree height

You are correct that Wilson v. Handley and its discussion of the spite fence statute (Civ. Code Section 841.4) may provide significant support for your legal argument. You may also have self-help rights available depending upon the location of the trees in relation to your property line.

I would be happy to speak to further about this as more facts may be needed before providing you with an fully accurate analysis.

Feel free to contact me at your convenience.

Yours truly,

Bryan

Bryan Becker

Stutz Artiano Shinoff & Holtz

619.232.3122

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Answered on 10/25/07, 6:40 pm


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