header-logo header-logo

19 February 2010 / Benjamin Faulkner
Issue: 7405 / Categories: Features , Property
printer mail-detail

A room with a view

Benjamin Faulkner examines whether a landowner has the right to a view

It is well known that the law does not ordinarily provide a landowner with a right to a view. In general, his neighbour is free to undertake building or extension works as he likes. In some cases the proposed works might be blocked by the planning authorities, or a management company might exercise rights to control development within a residential estate, but there is no guarantee of either eventuality.

The landowner might have a right to light which could be infringed by the proposed works, but often the development will be too far away from the landowner’s building to diminish the amount of light reaching it significantly, notwithstanding the obstruction of his panorama. In Dennis v Davies [2009] EWCA Civ 1081 the Court of Appeal confirmed that there will often be a third way: protections offered to the landowner by a restrictive covenant not to create a “nuisance or annoyance”.

The facts

Dennis v Davies concerned a residential development on

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll