header-logo header-logo

A room with a view

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll