Kahn v. Price

Facts: The view of a city from an owner’s property becomes obstructed by the growth of a tree on the neighbor’s property. Local ordinance creates a right for property owners to restore views lost due to tree growth on neighboring property. The owner asks the neighbor to remove the excess growth, which the neighbor refuses.

Claim: The property owner seeks to have the neighbor’s entire tree removed, claiming they have a right to restore their view lost due to tree growth on the neighboring property since the local ordinance protects their view.

Counterclaim: The neighbor claims the ordinance does not require the removal of the tree since it provides privacy needed for their home as it blocks the view of the property owner and other neighbors of their home.

Holding: A California appeals court holds the neighbor’s tree obstructing the property owner’s view is to be removed since the tree encroaches on the owner’s right to an unobstructed view of the city from their property as provided by local ordinance. [Kahn v. Price (September 28th, 2021) _CA6th_]

Read Kahn v. Price in full here.

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Legal Aspects of Real Estate

Chapter 12: Nuisance: offensive, unhealthy, or obstructive