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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12207
Experience:  JD, MBA
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Neighbor recently sold there and new neighbor has let there

Customer Question

Neighbor recently sold there hoe and new neighbor has let there tree grow to the length that its obstructing our ocean view and at some point will block most of it. Our neighbor hood has CCr's that don't allow neighbors to obstruct other neighbors view by not allowing their foliage to go above the fence line.. This has been constant with our neighbors for 22 years. These new neighbors will refuse to even speak to us .
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: San Diego Clifornia
JA: Have you talked to a lawyer yet?
Customer: we are considering it. But wanted to somehow try t at least have a conversation with these neighbors. No one we know even know there names. So we sent a welcome to the neighborhood card to their address with a gift card asking if we can speak to them. They may or may not open the card
JA: Anything else you think the lawyer should know?
Customer: Not sure what else to say except that we've had almost a perfect panoramic view of the ocean for 22 years and stand to lose it obviously drastically effecting the value of our property
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

First and foremost, obviously it would be great if you could simply talk to the neighbor and inform him of the bylaw which requires that he not obstruct your view. That may take care of the problem. However, if you can't get through to the neighbor, or the neighbor refuses to do anything after speak to him, then I would complain to the HOA and see if the HOA will do anything about the neighbor ignoring the bylaws.

If the HOA does nothing, then you do have the right to sue the neighbor yourself to enforce the bylaws. Of course, you'd have to pay your attorney's fees out of pocket. Unfortunately, it is unlikely that you would get an award of those attorney's fees in court.

Finally, you have the right to cut the tree branches back to the property line yourself. This is the common law rule in the absence of the bylaws that you mentioned which puts the burden on the neighbor. This may be the better alternative than suing if the neighbor refuses to voluntarily fix the problem, and the HOA does nothing.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!