What if My Neighbor's Tree Is Blocking My View?

Belmont was named Beautiful Mountain for a reason—with its undulating hills studded with heritage trees overlooking the San Francisco Bay—it has it all.

Belmont prides itself on its trees. In fact, Belmont promotes the planting of trees every year and has been named a Tree City USA community by the Arbor Day Foundation to honor its commitment to community forestry.

There’s no doubt that trees enhance our existence and add value to our property. But what if your neighbor’s tree grows tall enough to block your “million dollar view” or its roots are destroying your driveway?

At present Belmont does not have a view ordinance as do the cities of Berkeley or Tiburon whose property values are also closely tied to their views and their trees. And with the growing adoption of solar technology Belmont will surely be faced with an increasing number of disputes over sunlight vs. trees in the foreseeable future.

While Belmont has already adopted specific procedures for pruning or removing a tree on property you own, what if your neighbor’s tree is encroaching onto your property, what are your rights then? Does a landowner have the right to trim a neighbor’s tree which is encroaching onto his property?

A 1994 case Booska v. Patel⁽¹⁾ held that you could be liable if you damage your neighbors tree stating: A homeowner who severs the roots of his/her neighbor's tree that extend into the homeowner's yard cannot negligently injure the tree.

In an action which was brought about by a landowner alleging that his neighbor negligently severed the roots of his adjoining neighbors tree which extended into his yard, causing the tree to become unsafe and requiring removal, the trial court initially granted summary judgment for the defendant on the grounds the defendant had an absolute right to sever any roots that entered his property. This was later reversed by the appellate court who stated whatever rights the neighbor had in the management of his own land are tempered by his duty to act reasonably. No person is permitted by law to use his or her property in such a manner that damage to a neighbor is a foreseeable result.

The court further stated:”Apparently this is one of those rows between neighbors in which the defendants are standing on what they erroneously believe to be their strict legal rights to the exclusion of any consideration of the fair, decent, neighborly and legal thing to do."

The rights of property owners is always a hotly debated, contentious and at times divisive topic. We hope that the City of Belmont will see the forest through the trees and strike a reasonable balance when reviewing the tree ordinance this year with perhaps the contemplation of a sensible view ordinance as well.

1. Booska v. Patel (1994), 24 Cal.APP.4^th [No. A061749. First Dist. Div. One. May 20, 1994.]

The information contained in this article is educational and intended for informational purposes only. It does not constitute real estate, tax or legal advice, nor does it substitute for advice specific to your situation. Always consult an appropriate professional familiar with your scenario.