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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll