How to deal with neighbour whose trees obstruct our view
I am writing to ask for advice on how to deal with a neighbour whose trees (pittosporums) have grown up along our fence line to the point that they completely obscure the view from our property (the view was obscured when we bought the property). We respect their need for privacy and have approached them a couple of times offering to engage an arborist who would prune and thin the trees in a way that maintains their privacy and we would bear the costs. But they refuse to open up to a compromise with us. It is extremely frustrating. We are considering a mediator in the hope that we’ll be able to move this forward in a civil manner. I’d love to hear about any experiences that could be relevant for our situation, links to potential mediators, and experience with mediating with neighbours.
Parent Replies
Did you mean to say that the view was not obscured when you bought the property? f the trees were already there and already obscuring the view, it's unlikely that you have much to gain from pursuing this legally. Berkeley does have a solar light and views ordinance, but it specifically protects views that were there when you bought the property and have since been obscured. It also gives weight to privacy trees providing visual, auditory, and wind protection to the owners. Pittosporum are generally planted as privacy/sound screening trees, so it's likely that if they have grown up along the fence line, this is by design, and your neighbors probably do not want to thin them or otherwise prune them to allow you to see through or over them, since that would counter the trees' purpose. You could certainly ask the City to review the situation and see if it is covered by the ordinance, though.
First, check the Berkeley City code on these types of neighbor issues. Go to the city website or do a google search - just keep searching around until you find it. You might be able to engage help from city but depends on situation. You did not mention that any branches hang over on to your property, did you? Roots? City code and Nolo press publications speak to this. Also, keep everything in writing or take notes about dates you communicated with them. Just saying.
Sorry to be a killjoy but if you bought the property knowing that the trees were there obscuring your view, you need to live with it. The other owner is under no obligation to negotiate even if its the neighborly thing to do.