December 2010: Bye Bye Sweet Sea View
When your enjoyment of your property (and its value) is closely linked to having a panoramic view, how does our law balance your rights with those of your neighbours if and when conflict arises?
Can either of you build (or extend) your house in such a way as to block the other's view?
A recent Constitutional Court judgment (dealing a death blow to a home owner's five-year attempt to preserve his sea view from obstruction by a neighbour), confirms that it is a case of "buyer beware" when you originally buy your property.
When deciding whether to buy a property - and what value to place on it - you must take into account all "legal restrictions" applying to neighbouring properties, such as town planning, zoning and building restrictions, title deed conditions etc. And you must discount the risk that a neighbour could in the future decide to exercise these rights to the full.
Can either of you build (or extend) your house in such a way as to block the other's view?
A recent Constitutional Court judgment (dealing a death blow to a home owner's five-year attempt to preserve his sea view from obstruction by a neighbour), confirms that it is a case of "buyer beware" when you originally buy your property.
When deciding whether to buy a property - and what value to place on it - you must take into account all "legal restrictions" applying to neighbouring properties, such as town planning, zoning and building restrictions, title deed conditions etc. And you must discount the risk that a neighbour could in the future decide to exercise these rights to the full.