Kahn

facts in our discussion of the issues. A. Background Kahn purchased a multi-story residence in San Francisco in 1976.4 At the time, the residence had unobstructed views from the primary living areas located on the north side of the home on the main level as well as unobstructed views from the north-facing rooms on the second and third floors. The residence’s northerly and northwesterly views – of the San Francisco cityscape and Bay, the Golden Gate Bridge, Angel Island, and southern Marin County – remained unobstructed by any other vegetation or the tree until 2011. In or about 1998, the Prices’ predecessors in interest (prior owners) purchased the multi-story residence on property that is down slope from and abuts Kahn’s property. The properties are separated by a structure (a retaining wall topped by a lattice fence) located 10 to 12 feet above ground level on the Kahn property; the tree is located at “the very rear” of the Prices’ backyard and is adjacent to the retaining wall. When Kahn replaced the lattice fence atop the retaining wall in 2001, she saw the origins of the tree that likely had been growing from a “volunteer seedling” since approximately 1999. The tree…