“If I buy a home with a view, would my neighbor be allowed to build up or grow their trees and block the view?”
Answer:
To my knowledge, there’s NO universal law or statute preventing someone from blocking someone else’s view.
All I know of that may protect a view are neighborhood CC&Rs (covenants, conditions, and restrictions) or a deed restriction.
Some neighborhoods (and all condo complexes) have CC&Rs. CC&Rs may contain a provision preventing second story or other additions, limiting tree heights, or protecting views. Be careful because some CC&Rs are not enforceable, for various reasons. (See a real estate attorney.)
A deed restriction could limit the height of any structure or tree, or explicitly protect a view. Years ago I sold a home in P.B. where the neighbors bought it solely so they could record such a deed restriction to protect their view, then resell the house.
Other factors could limit a neighbor’s ability to add another story, such as having already maxed out the allowed square-footage on the lot. Or many parts of the county have a 30-foot height limit, so this may also prevent another story.
So when you buy a San Diego home, if the view is important to you, check out all these factors…
