What Are My Rights If My View is Obstructed by a Tree?

The Monterey Pine (Pinus radiata) is a coniferous evergreen tree that grows about 6.5 feet per year when young, reaching heights of 50-100 feet in the wild. Native to Central California, in ideal conditions it can grow to 200 feet tall. This is how a towering tree might wear out its welcome in the Pacific Heights neighborhood of San Francisco.

This is a story about how two Pacific Heights neighbors settled a dispute in court after one upslope neighbor’s panoramic view of San Francisco Bay and its landmarks disappeared. It is a cautionary tale for anyone who challenges the San Francisco Tree Dispute Resolution Ordinance.  It is an example of how contentious legal battles can involve costly and bitter resolutions.

How Did the Tree Dispute Begin?

Linda Kahn bought her Pacific Heights home in 1976. The house featured unobstructed, iconic views of the San Francisco Bay, including the Golden Gate Bridge, from all floors. In 2011, Kahn’s view became obstructed by a Monterey Pine growing in the downslope yard of her neighbors, Katherine and Richard Price. This is often the time when neighbors with tree issues solve the problem with a conversation and cooperative remedial action, but this did not occur. The Prices refused to remove the tree; an effort at mediation failed.

A Powerful San Francisco Tree Ordinance

In 1988 the San Francisco Tree Dispute Resolution Ordinance was enacted to protect the private property rights of homeowners losing either views or sunlight due to neighbors’ tree growth. It is easy to imagine how a hilly city with spectacular views might need an ordinance like this (similar rules exist in Berkely and Oakland). High home values in some San Francisco neighborhoods depend on having unlimited views.  If a dispute ends up in court, the parties must state their positions regarding tree obstruction and comply with outcomes made clear in the ordinance.

In 2018, Linda Kahn filed a lawsuit requesting removal of the tree, The Prices argued it provided shade and privacy for their children’s bedrooms, screening of the Kahn home and important landscape value.  Arborists testifying in the case estimated the Monterey Pine likely grew from a volunteer seedling around 1999. Although the tree had been topped and pruned over the years, it grew vigorously as a “continuous nuisance”.

A View Restored, a Tree Removed

The San Francisco Tree Dispute Resolution Ordinance applies to trees planted after 1988. The offending tree was not grandfathered in for preservation.

In a victory for upslope home owners, the court upheld the intent of the Ordinance to require removal of the tree blocking Linda Kahn’s landmark views, a decision upheld on appeal in 2021. The Prices were directed to remove the tree, grind the stump, and pay nearly $50,000 in fines for abusing discovery and delaying proceedings during the trial.

The Kahn home, with its spectacular views restored, allegedly sold for approximately $14 million.

If you are involved in a tree dispute that could land in court, contact a real estate attorney to explore your potential outcomes.

Know Your Rights. Protect Yourself.