If a neighbor's addition or growing tree blocks my view, what rights do I have?

Unfortunately, you have no right to light, air, or a view, unless it has been granted in writing by a law or subdivision rule. The exception to this general rule is that someone may not deliberately and maliciously block another homeowner's view with a structure that has no reasonable use for the owner.

This rule encourages building and expansion, but the consequences can be harsh. If a view becomes blocked, the law will help only if:

• a local law protects views
• the obstruction violates private subdivision rules, or
• the obstruction violates some other specific law.

How can a view ordinance help?

A few cities that overlook the ocean or other desirable vistas have adopted view ordinances. These laws protect a property owner from having his view (usually, the view that he had when he bought the property) obstructed by growing trees. They don't cover buildings or other structures that block views.

The ordinances allow someone who has lost a view to sue the tree owner for a court order requiring him to restore the view. A neighbor who wants to sue must first approach the tree owner and request that the tree be cut back. The complaining person usually bears the cost of trimming or topping, unless the tree was planted after the law became effective or the owner refuses to cooperate.

Some view ordinances contain extensive limitations that take most of the teeth out of them. Some examples:

• Certain species of trees may be exempt, especially if they are native species.
• A neighbor may be allowed to complain only if the tree is within a certain distance from his or her property.
• Trees on city property may be exempt. (In such cities, you may still be able to file a complaint with the city regarding a tree on city property, even if you may not sue the city under the view ordinance.)