Speaking with The Times and the Law Society Gazette, partner Paul Greatholder comments on the Supreme Court's decision in Fearn v Tate, which concluded that visual intrusion can be an actionable nuisance. In this case the tenants of flats next to the Tate Modern claimed that the use of parts of the Tate's new viewing gallery interfered with their enjoyment of the flats.
He adds that the Supreme Court has left the consequences of its ruling on nuisance to be decided by the High Court, which will have to balance the interests of both sides.
"This case clarifies that the common law of nuisance can apply to visual intrusion, but that ‘common and ordinary’ use of properties should not be vulnerable to such claims. The Supreme Court went to some length to emphasise that it considered the creation of a viewing gallery as an extreme example of visual intrusion, but there are likely to be areas for future uncertainty in real estate development, especially in crowded urban areas"
The full article is available to read online and by subscription to the Times. This article is also available to read online at the Law Society Gazette.
Paul Greatholder is a partner in the housing and property litigation team. He advises businesses, charities and individuals on all aspects of property disputes and their avoidance. Paul’s work covers enforcement of lease terms, recovery of money, real estate property disputes, and he has a specialism in business tenancy law.
Jodie Green is an associate in the housing and property litigation team. She advises a broad range of clients with housing and property disputes. Jodie also undertakes legal aid work for individuals including defending possession proceedings, judicial review, homelessness appeals, suitability reviews of accommodation and disrepair claims.