California law rigidly holds there is no right to have a view from your property. A recent case exemplifies the strict application of this doctrine.

The Boxers owned a gorgeous parcel in Beverly Hills. They filed an inverse condemnation action against the City of Beverly Hills claiming coastal redwoods planted by the City in a nearby park had grown so tall they obstructed their view of the hills of Beverly Hills, the Hollywood Hills, and the Los Angeles basin. As early as 2005, prior to filing suit, the Boxers first voiced their concerns to the City. The City, however, failed to take any action.

The Boxers failed to obtain any relief from the United States District Court as it held, as a matter of law in the State of California “inverse condemnation provides no remedy for alleged impairment of view from private property.”

The Boxers appealed. The Court of Appeals upheld the District Court’s determination. Based on a survey of California case law the Court of Appeals reasoned there must be something more, such as a physical invasion or a noxious smell emanating from a governmental source, to support loss of a view from private property and reaffirmed that, in California, nobody has a right to a view.

If you have a beautiful view in California and you want to maintain that view, seek legal counsel to help you obtain view easements and/or covenants to maintain a view with your neighbors, and hope the government does not decide to plant or build in a manner that obstructs your view.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.