Trees and Views. Can They Peacefully Coexist?

The single biggest investment most people make is their home. In the 1960s, the median home price nationally was less than $100,000. Today, that amount has nearly tripled according to Zillow. Compare that to California where Business Insider reports the median listing is $544,000 or $320/sq. foot., ranking California the third most expensive housing market in the Nation.

Now drill down to Dana Point. Through December 31, 2018, Zillow tracked the median listing price at over $1,000,000, 4.5% higher than last year. Zillow predicted a rise of almost another 3% by next year. At a per square foot breakdown, that’s $611, higher than the Los Angeles-Long Beach-Anaheim Metro average of $429. View homes can easily double that price. Is it any wonder that people who pay extra for a view or premium lot want to protect their investment and keep property values high? Yet despite California’s exceptional views coveted by builders and homeowners alike, California law offers owners no legal right to air, light or an unobstructed view with only extremely limited exceptions.

To protect their residents, some California cities have established view protection ordinances, prohibiting neighbors from planting or maintaining any tree or plant that unreasonably obstructs a view. These ordinances have withstood legal challenges. The courts upheld Tiburon’s view ordinance, rejecting the claim that the law was unconstitutional and an unreasonable use of the government’s police power. Courts likewise rejected a challenge to Rancho Palos Verde’s view ordinance on the basis that it amounted to an unconstitutional taking of neighboring property without compensation and left the protection in place.

Too often, homeowners learn too late that California law offers almost no protection when it comes to views. Unfortunately, as a result, disputes between neighbors can get ugly and expensive. Would taking a proactive approach to view disputes be useful for residents? Could we set out reasonable rules for planting and maintaining trees and plants? What if there was an approved pallet offering a variety of vegetation suited to the climate zone and the purpose? Would that provide certainty to both sides of a potential dispute, forestalling fights between neighbors and making enforcement easier?

Trees and landscaping are desirable, aesthetically pleasing and good for the planet. Views are coveted and command a premium. Exploring ways for trees and views to peacefully coexist could uphold property values, enhance residents’ quality of life in our town and lessen the opportunity for disputes among community members.