View Protection - Obstruction - Spite Fences


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.




All contents ©2019 MTCLaw.com. All rights reserved.