My neighbor's construction blocks my view. Do I have view rights under California law?

What the Law Says

Under California law, there is no common-law right to light, air, or an unobstructed view. Courts consistently hold that property owners may build on their land—even if it blocks a neighbor’s scenic view—unless restricted by private agreements (e.g., CC&Rs), local zoning ordinances, or specific statutes. The primary statutory exception is found in the California Coastal Act (Pub. Res. Code § 30001 et seq.), which authorizes the California Coastal Commission to impose view protection requirements on development within the coastal zone, including conditions to preserve public or private views of the ocean. Additionally, Civil Code §§ 833–834 provide limited remedies for view obstruction caused by trees (not structures), allowing removal or trimming if the tree encroaches from a neighbor’s property and causes substantial interference—but these provisions do not apply to buildings, fences, or other construction.

Practical Steps

First, review your property’s recorded covenants, conditions, and restrictions (CC&Rs) and local municipal codes—some cities (e.g., Los Angeles, San Francisco, and coastal communities like Laguna Beach) have view ordinances or height restrictions that may apply. If you live within the coastal zone, contact the California Coastal Commission or your local coastal program to determine whether the construction required a coastal development permit and whether view mitigation was mandated. If a violation is suspected, act promptly: administrative appeals to the Coastal Commission must be filed within 90 days of permit approval. For non-coastal disputes, consult a real estate attorney to assess whether the construction violates zoning, setback, or height regulations—or whether a nuisance or trespass claim (e.g., if part of the structure physically intrudes) might be viable. Document the obstruction with dated photos and survey evidence before pursuing legal action.

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