Can My Neighbor Legally Block My View?

When you buy a new house, one consideration is the view. Homes with unobstructed views of lakes or mountains command higher prices on the real estate market. Even without a view, you want your property to have plenty of light and sunshine.

If your neighbor builds a fence that blocks your view, or an overgrown tree shades your back lawn, can you do anything about it? Do boundary lines go all the way up to the sky?

You have the right to build on your own property, but sometimes your neighbor’s actions affect your property, too. Homeowners might consider consulting with the city planning commission about potential violations of local ordinances or engaging a real estate attorney to explore options like view easements or addressing private nuisances.

This article explains important property rights related to the view from your home. If you find yourself in the middle of a neighbor dispute, you may want to seek legal advice. A local real estate attorney can help you sort through local regulations and determine the best way to proceed.

Property Rights and Views

In general, there is no property right to a nice view. Your neighbor can grow trees on their property even if they're in front of your window, blocking your view and sunlight. Homeowners have no legal right to light or air unless a state or local law provides for it. 

But, depending on where you live, you may have legal options to protect your view if your neighbor blocks it.

View Ordinances

View ordinances are a type of local zoning regulation that protects scenic views in residential areas. In some places, the city or county recognizes the value of unobstructed sight lines and has created laws that prevent obstructions.

View ordinances usually focus on trees and other vegetation. They can also address the height of structures, such as fencing or walls.

A homeowner must establish, usually through photographic evidence, that a “view” existed prior to the obstruction and that the tree or wall significantly impacts the view.

View ordinances are not strictly zoning regulations. They do not regulate land use. However, they can affect public works programs or other economic development if such a development would block a large number of homes.

Building Codes and Zoning Laws

Building codes regulate the construction of residential homes, including the total height and the setback from the foundation to the property line. Local zoning ordinances can restrict single-family dwellings to 30 or 40 feet in height.

If your neighbor decides to add a second or third story that blocks your view, it may violate building codes.

Zoning regulations in most locations require setbacks on the front, sides, and back of all properties. A home or new construction cannot come to the edge of the property line. You may build some accessory buildings at the edge of the property, but not all.

Communicating When the Neighbor Blocks Your View

It is unlikely you will wake up one morning and find your neighbor has suddenly built a new three-story addition on their home or planted a 30-foot-tall sycamore in the front yard. Instead, you may notice your neighbor beginning new construction or hiring a landscaper to work on the yard.

If you are on good terms with your neighbor, discuss any concerns about the sight lines with them as soon as possible. Often, people simply don’t realize that their planned upgrade will impinge on the neighbor’s view of the ocean. They may be willing to remove the obstruction or work out a fair compromise with you. This approach might spare both of you the hassle of taking further action. 

How To Stop a Neighbor From Blocking Your View

If you cannot talk to your neighbor, or if the situation impacts more than just your view, you have other options. It's wise to discuss them with a lawyer before deciding the best way to proceed.

City Planning Commission

In most locations, the city planning commission or zoning department enforces view ordinances. If your city has a view ordinance, you can notify the department and request a hearing on a possible zoning violation.

City and county building codes and zoning laws regulate things like:

• Building and structure height, measured from ground level. Structures can include signs, walls, and fences. Fence-height limitations can include “living fences” such as hedges and bushes.
• Environmental regulations may restrict the species or number of some plants. For instance, in California, some cities will not allow non-native plants in areas at risk for drought.
• Obstruction ordinances may prevent developers from building some structures.

Homeowners Associations

Homeowners associations (HOAs) have a bad reputation, but they have more power in neighbor disputes than city planning boards. If you and your neighbor belong to the HOA, you can bring your issue to the association and see if it can assist you.

HOA membership includes signing a contract known as “Covenants, Conditions, and Restrictions (CCR).” The CCR is a legally binding document, and it describes the rights and duties of all residents within the association.

HOAs have the legal right to enforce the CCRs, but they may choose less costly ways than litigation, such as mediation or arbitration.

Private Nuisance Laws

If the obstruction is caused by a tree or other vegetation, you may have a claim for private nuisance.

If your neighbor’s trees or plants grow over your property line, you may legally trim them up to the adjoining line. You cannot trim plants past your property line, or do anything that can harm or kill the tree or plants. Courts usually consider it “inciting behavior” if you throw the clippings or leaves back onto your neighbor’s property.

You should consult an attorney before filing a private nuisance lawsuit. Proving a nuisance claim for trees or vegetation means showing a “substantial interference” with your enjoyment of your property. As already noted, you are not entitled to an unobstructed view, so a single tree in the way may not meet that bar.

Spite Fences

Some states, like California, have laws that prohibit neighbors from installing “spite fences.” These are fences or other structures that have no legitimate purpose. The neighbor builds them solely to annoy or harass others in the neighborhood.

Spite fences or buildings are often too tall or physically unappealing and have no other purpose beyond their annoyance factor.

The plaintiff must show that the neighbor built the structure intending to annoy the plaintiff. California’s spite fence law contains a height restriction so that a fence more than ten feet high can be considered a private nuisance.

View Easements

An easement is a non-possessory right to someone else’s property. Common easements allow one person the right to walk across another person’s property to access a road or lake. In legal terms, the property with the legal right is the “dominant estate.” The property that has given up the right is the “servient estate.”

A view easement gives the dominant estate the right to an unobstructed view and prevents the servient estate(s) from building or planting anything that might block the other property’s view.

View easements are rare because they limit the air and light rights of the servient estates. View easements, or “scenic easements,” commonly occur in conjunction with other environmental protection laws.

It is possible to have a view easement for a private home, but they are difficult to enforce, and even harder to enforce while maintaining good relations with your neighbors.

Filing Legal Action

Blocked view cases sometimes end up in small claims court. You should as a local attorney before filing your case, since what you want will affect your choice of court. If you want monetary damages, you can file in small claims court.

If you want your neighbor to cut down the tree or remove the fence, you need injunctive relief and must file in a different court.

Get Legal Advice from a Real Estate Attorney

Property owners want everything just right about their home, including the view. When your neighbor blocks your view, you want something done about it. Before you head to court, contact a real estate attorney and have your legal issues properly reviewed.