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My neighbor's trees are blocking my view. Can I do anything?

Short answer: California has no general right to a view, so in most Bay Area cities the answer is no: a tree that blocks your view is not, by itself, a nuisance. A handful of cities have adopted view ordinances that create a claim: Oakland (Municipal Code Chapter 15.52), Berkeley (Chapter 12.45), Tiburon, Belvedere and Sausalito among them. Each requires you to document the view as it existed when you bought, try to resolve it with the neighbor in writing, and then proceed through mediation or arbitration, with trimming preferred over removal and the claimant usually paying.

What is actually happening

Hillside Bay Area neighborhoods were built with views that the trees planted afterward have grown into. Monterey pines, redwoods, eucalyptus, acacias and cypresses all add several feet a year for decades. Nobody did anything wrong; the trees just kept growing. That is exactly why the cities with the steepest hills and the highest view premiums wrote ordinances to allocate the problem rather than leave it to lawsuits.

Every ordinance distinguishes between the kinds of work that can restore a view. Trimming removes branches. Thinning removes selected branches through the crown to open windows. Topping cuts the top off and, for most species, damages the tree permanently. Removal with replacement planting is the last resort. The arborist's job is to say which of these would restore the view and what each would do to the tree.

What California law says

Which Bay Area cities have a view ordinance

CityCodeCore features
OaklandOMC Chapter 15.52, ViewsView as of acquisition; written initial reconciliation; optional binding arbitration by a forester, landscape architect or ISA arborist; remedies in order (none, trim, thin, top, remove); claimant pays by default; coast live oak and bay laurel exempt
BerkeleyBMC Chapter 12.45, Preservation of Views and SunlightViews and sunlight; evidence of no obstruction at a documentable time during ownership; personal communication then written conciliation; mediation or arbitration acceptable to both; court action
TiburonView and sunlight obstruction from treesCity page in progress
BelvedereView protectionCity page in progress
SausalitoSMC Chapter 11.12City page in progress

Each city page quotes and links the code section and shows the date last reviewed. Not listed means no view ordinance found as of the review date.

What the View Obstruction Report does for you

  1. Documents the view corridor from your primary living areas with photographs, and the obstruction tree by tree.
  2. Identifies each tree: species, height, growth rate, condition, and whether it is exempt under the ordinance.
  3. Assesses the evidence of the view as of acquisition that you provide (listing photos, your photos, dated imagery).
  4. States, for each tree, which restorative actions would restore the view and what each would do to the tree, in the ordinance's order of preference.
  5. Lists what the claim must contain so the initial written notice is complete the first time.

View Obstruction Report, from $950. Also ordered by tree owners who have received a claim and want an independent read on whether the demanded work is reasonable. Scope and pricing → Arbitration and hearing attendance at $250 per hour.

What to do this week

  1. Find your acquisition evidence: listing photographs, your own early photos, anything dated that shows the view.
  2. Photograph the view today from the same spots.
  3. Read your city's page for the required first step; every ordinance requires you to try with the neighbor in writing first, and the record of that attempt is part of the claim.
  4. Start the report before you send the notice, so the notice proposes specific, reasonable work.

Sources

  1. Oakland Municipal Code Chapter 15.52, Views.
  2. Berkeley Municipal Code Chapter 12.45, Preservation of Views and Sunlight.
  3. Sausalito Municipal Code Chapter 11.12.

Questions people ask

My city has no view ordinance. Am I out of luck?

For the view itself, yes; California law protects no general right to a view, and a tree that merely blocks one is not a nuisance. You may still have a hazard, encroachment or nuisance claim if the same trees are doing something else, and overhanging limbs can be trimmed at the line. We tell you which on the first call.

Do I have to prove I had the view when I bought?

In Oakland and Berkeley, yes: the claim covers views that existed when you acquired the property, and you need dated evidence, such as listing photographs or your own early photos. A view that grew in before you bought is generally not recoverable.

Can I make them remove the trees?

Removal is the last remedy in every Bay Area view ordinance. Trimming, thinning and sometimes topping come first, and some species (coast live oak and bay laurel in Oakland) are exempt entirely.

Who pays for the work?

Usually the claimant, unless the ordinance shifts costs for specific reasons. Oakland's default is that the claimant pays 100 percent.

What does the arborist report add to a claim?

The ordinances require you to document the obstruction and propose restorative action. An arborist's report does both to the ordinance's standard, identifies exempt trees, and states what each remedy would do to the trees, which is what the arbitrator or court weighs.

When you need a lawyer instead of (or as well as) an arborist

Call a California attorney first if a lawsuit has already been filed, if the damage is over the small claims limit and the other side will not negotiate, or if the dispute is really about where the property line is. We work alongside attorneys every week and the report is written to be used in that setting, but we do not give legal advice and we do not opine on property lines. How we work with attorneys →

Get an independent arborist's report on the tree between you and your neighbor

Text or call with the address and what is happening. We tell you on the call whether a report will help, what it costs, and when we can be there. Site visits within 7 days of booking.

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