Buying a View Home in Marin: Tiburon and Belvedere View Ordinances

California gives property owners no general right to a view. A view is protected only by a recorded easement or covenant, or by a local ordinance, and in Marin the clearest examples we found are Tiburon’s Chapter 15 and Belvedere’s Chapter 8.28. Both let an owner seek restoration of a view or sunlight blocked by a neighbor’s trees or hedges. Neither protects a view from a neighbor’s new building, and both measure the view by when the complaining owner bought.

That gap matters when you pay a premium for a bay or city view in southern Marin. This post explains what the law does and doesn’t protect, how a claim works in Tiburon and Belvedere, and what to check in Sausalito, Mill Valley and elsewhere. It closes with a checklist for documenting a view before you close.

The starting point: no right to a view under state law

California courts have long refused to treat a blocked view as a nuisance by itself. As the law firm Stimmel, Stimmel & Roeser summarizes the case law, Venuto v. Owens-Corning Fiberglas Corp. (1971) restated the rule that a building can’t be challenged as a nuisance merely because it obstructs a view. In Wolford v. Thomas (1987), the Court of Appeal affirmed a judgment for the owner of a Russian Hill penthouse that blocked neighbors’ bay views.

State law does recognize light and air as something that can be granted. Civil Code section 801 lists “the right of receiving air, light, or heat from or over” land among the servitudes that can attach to other land as easements. That is the route to a durable view right: a written, recorded easement or covenant that binds the neighbor’s parcel.

One narrow statute helps in spite cases. Civil Code section 841.4 makes a fence or fence-like structure a private nuisance when it unnecessarily exceeds 10 feet and was put up or kept maliciously to annoy the neighbor. It doesn’t reach trees grown for privacy or ordinary additions.

Tiburon’s view and sunlight ordinance

Tiburon Municipal Code Chapter 15, titled View and Sunlight Obstruction from Trees, is the rule most buyers mean by the Tiburon view ordinance. It applies to Town of Tiburon parcels; some addresses on the peninsula are unincorporated, so confirm the jurisdiction first. We read the chapter in GoCodebook’s unofficial online copy of the town code; its notice-and-mediation steps match The Ark’s report on the council’s 2022 amendments, but confirm details against the Town’s adopted code.

• What’s protected: views and sunlight from a home’s primary living area or active use area that existed at any time since the owner bought or occupied the property (section 15-3(a)).
• What counts as a tree: the chapter’s definition takes in shrubs, hedges and bushes.
• The standard: no one may plant or keep a tree that unreasonably obstructs those views or that sunlight, and such an obstruction is declared a public nuisance (section 15-4). Section 15-5 lists the factors, including the extent of obstruction now and at maturity, the quality of the view and any landmarks.
• The limit: restoration is capped at what can be documented during the current owner’s or occupant’s tenure (section 15-7(b)).

How a Tiburon claim proceeds

1. Written notice. The complaining owner writes to the tree owner, identifies the trees and proposes a specific remedy (section 15-9(a)).
2. Mediation. Mediation may be proposed 30 or more days after notice, and the tree owner has 30 days to accept. It is voluntary, and the mediator can’t issue binding orders. The town may pay for one hour of a mediator’s time if the parties sign its waiver.
3. Tree claim. If talks fail, the owner prepares a written claim with evidence and serves it (section 15-10). That includes evidence of when the owner acquired or began occupying the property.
4. Civil action. The owner may then sue, filing a copy with the town attorney (section 15-12). The chapter’s binding arbitration section has been repealed.

Mediation fees are split evenly unless the parties agree otherwise, and the cost of trimming or removal is set by agreement or court order (section 15-13). The town doesn’t enforce the chapter for you and disclaims liability for restorative work (section 15-14). Existing easements and valid recorded covenants still control (section 15-15), and trees on town property follow a separate complaint route.

Tiburon also requires a permit to remove or alter protected trees under Chapter 15A. Protected trees include heritage trees over 60 inches in trunk circumference measured 24 inches above ground, several native oaks and trees dedicated by the council. Pruning to protect an existing view isn’t an “alteration” under that chapter, but a protected oak in the view line still deserves an arborist’s opinion first.

Belvedere’s tree and view rules

Belvedere Municipal Code Chapter 8.28, Trees, has its own process for unreasonable obstruction of views or sunlight. Its definitions are explicit about timing.

• Preexisting View: “the view that existed at the time the property owner purchased their property,” described with examples such as Mt. Tamalpais, Tiburon and San Francisco Bay (section 8.28.020).
• Unreasonable obstruction: an obstruction of a preexisting view that impairs the economic value, use or comfortable enjoyment of a parcel. Partial impediment alone doesn’t qualify.
• Not an easement: access to a view or sunlight does not run with the land as an easement, and a view that appeared only because vegetation was temporarily removed isn’t protected (section 8.28.040(B)).

How a Belvedere claim proceeds

1. Informal attempt. The complainant must first contact the tree owner and try to agree on corrective work.
2. Complaint of obstruction. A written complaint describes the obstruction, proposes the work, names the certified arborist and offers mediation. The tree owner has 30 days to respond.
3. Mediation. If both agree, mediation is scheduled promptly and the cost is shared equally; a signed agreement is enforceable in court.
4. Binding arbitration. If mediation is declined or fails and both agree, an arbitrator decides under American Arbitration Association rules, with costs shared.
5. Litigation. Otherwise the complainant may sue in Marin County Superior Court within 180 days after serving the complaint, or after mediation ends if later.

Corrective work is limited to what is needed to reasonably restore the preexisting view (section 8.28.060). Hedges are treated as a “living fence,” so their owner pays for correction and maintenance unless the parties agree otherwise. For other trees, the arbitrator or judge decides who pays. The paying party deposits the estimated cost with the City Manager, and the losing party may be ordered to pay attorneys’ fees (section 8.28.090).

Tiburon and Belvedere side by side

Sausalito, Mill Valley and the rest of Marin

Sausalito’s Municipal Code Chapter 11.12 carries the city’s Trees and Views Preservation Regulations. The city’s permit page says a permit is needed to remove or significantly alter protected trees on private property. That includes any coast live oak of at least 4 inches in diameter, any other tree of at least 10 inches on developed property, and any tree of at least 4 inches on undeveloped property. Listed undesirable species, including blue gum eucalyptus and Monterey pine, need no permit.

We could not open the current text of Chapter 11.12 for this post, so read its view-claim provisions directly or ask the city before relying on them. We also didn’t review the codes of Mill Valley, Larkspur, Corte Madera or unincorporated Marin County for this post. That isn’t a finding that they lack view or tree rules, so check the current code for the address, ask the planning department and read any recorded covenants on the lot.

What these ordinances don’t protect

None of the tree ordinances above reaches a neighbor’s addition, second story or new house. That risk sits in three other places:

• Design review. Additions in most Marin towns go through planning and design review, where neighbors can comment on height and massing. Our Marin renovation and design review guide explains the process.
• Recorded easements and CC&Rs. A view easement or height restriction recorded against the neighbor’s lot is the strongest protection there is. It shows up in the preliminary title report and the recorded documents behind it; see title insurance in California.
• Zoning limits. Height and setback rules cap what the neighbor can build as of right, but they change, so treat them as today’s limit rather than a promise.

Views also cut both ways. If you buy below a protected view in Tiburon or Belvedere, your own trees and hedges may be the subject of a claim, and Tiburon’s tenure test means a buyer’s claim can only look back to their own purchase.

How to document a view before you close

1. Confirm the jurisdiction. Town of Tiburon, City of Belvedere or unincorporated county decides which code applies.
2. Photograph the view. Take dated photos from each primary room and deck at different seasons and times of day, and keep the originals with their metadata.
3. Map the trees. Note which trees and hedges are in the view line, which parcels they’re on, and roughly how tall they are.
4. Read the title documents. Ask for copies of every recorded easement, covenant and height restriction affecting your lot and the neighbors’.
5. Ask about past disputes. Request the seller’s disclosure of any view or tree agreements, claims or mediations; our guide to California seller disclosures lists what sellers must reveal.
6. Check pending projects. Look at the town’s planning and design review applications for neighboring parcels.
7. Get an arborist’s view. Growth rates, protected status and fire risk all affect what can be trimmed; our page on fire hazard severity zones covers the defensible-space side.

Our Marin property access and improvement review is a worksheet for the same walk-through, covering access, site function and future work.

This is general information, not legal advice; talk to a California real estate attorney about your situation.

Questions people ask

Is there a right to a view in California?

Not a general one. Courts have held that blocking a view isn’t a nuisance by itself. A view is protected only by a recorded easement or covenant, or by a local ordinance such as Tiburon’s or Belvedere’s, and those cover trees, not buildings.

Does the Tiburon view ordinance apply to new buildings?

No. Chapter 15 covers views and sunlight blocked by trees, including shrubs, hedges and bushes. A neighbor’s addition is handled through the town’s planning and design review, not the view ordinance.

Can I make my neighbor cut their trees in Belvedere?

You can seek it through Chapter 8.28: an informal attempt, a written complaint, mediation, optional binding arbitration and then court. The work is limited to restoring the view that existed when you bought, and hedge owners pay for correcting their hedges.

Does a view I see today protect me after I buy?

In Belvedere the protected view is the one at your purchase; in Tiburon it is any view since you bought or occupied the home. Neither ordinance turns a view into an easement, so document it well before closing.

Who pays to trim trees in a Tiburon view dispute?

The ordinance leaves restorative costs to agreement or court order, and splits mediation fees evenly unless the parties agree otherwise. If you reach an agreement, put the cost split and the future maintenance schedule in writing.

Is a view easement better than an ordinance?

Usually, because a recorded easement binds the neighbor’s land and can cover buildings as well as trees. Its terms decide what it protects, so have an attorney read it before you rely on it.

If you’re weighing a view home in Tiburon, Belvedere or Sausalito, Diamond can help you check the jurisdiction, title documents and tree situation before you write an offer. Start with our Marin luxury homes guide or contact us.

Sources & notes

• Town of Tiburon Municipal Code, Chapter 15, View and Sunlight Obstruction from Trees (GoCodebook copy, 2026-10 edition)
• Town of Tiburon Municipal Code, Chapter 15A, Trees (GoCodebook copy, 2026-10 edition)
• The Ark: Neighbors must now take additional steps to resolve view blockages from trees (April 27, 2022)
• City of Belvedere Municipal Code, section 8.28.020, Definitions
• City of Belvedere Municipal Code, section 8.28.040, Remedy for unreasonable obstruction
• City of Belvedere Municipal Code, section 8.28.060, Extent of view restoration
• City of Belvedere Municipal Code, section 8.28.090, Allocation of costs
• City of Sausalito: Trees and views (permit center)
• California Public Law: Civil Code section 801
• California Public Law: Civil Code section 841.4
• Stimmel, Stimmel & Roeser: Nuisance legal action cannot be based on a blocked view in California (Venuto, Wolford)

Last reviewed October 2026 by Matthew Martinez.