|
With one exception, views are not protected in
California by law. Views are often protected by CC&Rs (Covenants,
Conditions and Restrictions of Record) or by deed restrictions.
Whether you are a plaintiff or defendant, our real estate attorneys
can protect your property rights in mediation, arbitration, or if
necessary, in litigation. The one exception is that Spite Fences are
considered to be a private nuisance and consequently, are not
permitted.
California law defines a spite fence as:
| Any fence or other structure in the
nature of a fence unnecessarily exceeding 10 feet in height
maliciously erected or maintained for the purpose of annoying
the owner or occupant of adjoining property is a private
nuisance. Any owner or occupant of adjoining property injured
either in his comfort or the enjoyment of his estate by such
nuisance may enforce the remedies against its continuance. |
Depending upon the facts of the case, a hedge
or row of trees may be considered a spite fence.
|
