In San Diego, zoning is a common issue as are trees, views and fences since many people live very close to each other and what one person does on their land can affect the rights of persons on other land. This article will discuss fences, views, trees and zoning.

Zoning normally consists of what use a property can be used for: residential or commercial. Some areas are zoned residential only, some are zoned commercial only and some are zoned for mixed use. Each city, for example San Diego, Chula Vista, Vista, El Cajon and Escondido to name a few, have their own zoning departments and each regulate their own areas. Most of the cities such as El Cajon, Vista, Chula Vista and Escondido divide their areas into districts for different uses even in one category such as residential: single family residences; apartments, condominiums or mixed use. Within these districts, there are other restrictions such as a percentage of the lot versus the size of the residence, minimum distance of the residence from the street and others. To obtain information on zoning laws which affect you, contact your local zoning department. Changing the zoning requirements are possible but can be costly and time consuming and require a “conditional use permit” or “variance” and these must be obtained from the zoning department.

Trees can be a very emotional issue and many home owners are very attached to their trees and may have actually planted them and the tree grew with their family. The ownership of a tree is dependent on where the trunk is located. Location of the trunk controls and, even though roots or branches may be on another property, then the person whose land the trunk is on is the owner. Some trees have a trunk on the boundary line and therefore are owned by both land owners. Damage to a tree can have both civil and criminal penalties. A common issue is when a trunk is on one land and roots and branches encroach onto the adjoining land owner. The adjoining land owner may curt off roots and branches which are on their property but may not trim past the property line or cut down the tree itself or destroy the tree by trimming. Doing so may subject the trimmer to a civil suit. There are also instances where a tree must be removed such as dangerous trees which can fall over and injure persons or property or diseased trees which can also cause damage to persons or property. Sometimes, the city will take action on their own to destroy dangerous or diseased trees. Finally, some trees are protected and some trees are forbidden if they are a danger or nuisance.

Views can also be a very emotional issue and no one likes to have their view “cut off” by a neighbor building which destroys or limits an existing view. Many land owners buy a particular piece of property for the view among other considerations. If your land is part of a subdivision with Covenants, Conditions and Restrictions, check the rules to see if there are restrictions. If not, check city ordinances since some give land owners civil remedies if a tree blocks an existing view.

Fences in San Diego are very common. Again, if your land is part of a subdivision, check the Covenants, Conditions and Restrictions very carefully if a fence is interfering with your enjoyment of your land. Local city ordinances also may be considered since many have restrictions regarding height. Some of the most contentious issues revolve around boundary fences which is on the line between two properties and separates them from each other. Given the size of many lots in San Diego, this is an issue and neither party may remove without the other’s consent and both are required to maintain the fence. If one land owner pays, then they can ask for reimbursement.

Please do not hesitate to contact us with any issues in San Diego regarding zoning, trees, views or fences or any other civil matter we can assist you with.