Marin IJ Article - Protecting the View - Does Not Protect Views

Another misleading article from the Marin Independent Journal that offers false hope by implying that the Town of San Anselmo is considering rules that would help settle homeowners disputes over views. It will not.

If there is a vacant lot or one story home in front of you, chances are, that at no time did  those properties (owners) relinquished their property rights.  And, if the house in front of your view wants to expand their property within their rights, why are newspapers and council people suggesting otherwise? 

Unless you live in a subdivision that clearly spells out  in their CC&Rs (Covenants, Conditions, and Restrictions) height restrictions, or live in an area where such restrictions clearly exist by law, there is no law protecting your views in California at this time.

As people who live in Southern Marin know these "Tree and View Ordinances" set up by various Towns and Cities in Southern Marin are nothing more than guidelines that allows that particular Town or City to not get caught up in these kinds of neighbor disputes. "You got a problem? Here's our "Tree and View Ordinance. Good luck, and good bye!

And if all else fails, and the guidelines are unable to resolve a dispute, the ordinances recommend that you attempt Mediation with your neighbor. And, if that fails, Arbitration. And, if that fails you will need to Litigate. 

A family in Tiburon protested the construction of a second story proposed by the owner of house directly in front of them. The second story would effectively block their views of the bay, San Francisco, and the Golden Gate Bridge over Sausalito.  They were told they had had a "borrowed view" for 29 years.  The Town of Tiburon approved the second story. 

What's really upsetting here is the number of realtors that don't have a grasp on this information.   If you have any questions in this regard you need to talk to an attorney.