Do You Have Rights
To That Great View?
by Robert Irwin
Question: I recently purchased a home that has a nice view. However, a good portion of it is blocked by a large pine. The trunk lies at the very end of my neighbor's property line. I have approached my neighbor about removing or simply pruning back the tree. She refused. I offered to pay for the entire cost and even offered to replace it with a smaller, growing tree of her choice but still she refused.
The tree is rather dry. We recently had fires within a few miles of my home so I am also concerned of the possible fire hazard the tree poses. Is there any city ordinance or law that would force her to remove or prune the tree? If not, can I legally prune back branches that overhang into my property without her permission?
-- Alex, Northridge, Calif.
Alex: If there is one area of real estate over which neighbors tend to hassle most, it is trees. I think this comes about because people tend to focus on what they look like at the moment they are planted -- and overlook what they are likely to grow into. A small, cute pine placed in the wrong spot can end up as a 100-foot-tall obstruction 20 years later.
There are many rules governing who can trim and cut trees, and the rules tend to vary by state. In California there is an old law that goes back to logging days that says that if you cut down a tree on your neighbor's property without permission, you could be liable for up to three times the cost of replacing that tree with a new one. So you don't want to be chopping down your neighbor's tree!
Another rule in California is that there is no right to a view, although this has been widely contested. Generally speaking, this means that if your neighbor's tree blocks your view, there probably is little you can do about it.
With regard to branches and roots that encroach on your property, the general rule is that you can trim them back if they are on your side, provided you don't kill or damage the health of the tree. Tricky, eh? If this is a serious problem, I would send a registered letter to your neighbor informing her of the problem and asking her to trim back the tree. I would be very cautious about doing any trimming or pruning myself.
As far as a tree being a fire hazard, the only real authority for that is the fire department. You can call your local fire marshal and ask him to come out and take a look. If he agrees with you, he can condemn the tree and issue a citation to the neighbor requiring its removal. However, keep in mind that fire chiefs are loathe to get involved in a tree controversy between neighbors and there would have to be a compelling safety reason for him to insist that it be removed.
As a practical matter, if you really want to get rid of that tree, you can try approaching your neighbor with a money offer. It could get costly, but cash in exchange for the tree (in addition, of course, to costs for removal) sometimes works. If you want to pursue it further, contact a local attorney for the options that may be open to you.
-- Mr. Irwin has more than 25 years' experience as a Los Angeles-area real-estate broker. He is the author of more than two dozen books about real estate and is recognized as one of the most knowledgeable writers in the real-estate field. Mr. Irwin's most recent books are "How to Get Started in Real Estate Investing" and "How to Buy a Home When You Can't Afford It" (McGraw-Hill, 2002).
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