June 2011 - Don't Bank On A River View!
The entitlement of property owners to a view "has become a luxury" and is "a matter of delight and not necessity" said the High Court recently.
Dismissing a home owner's claim against his neighbour for obstructing his river view in a residential development, the Court held that the only way to enforce a right against "lawfully built obstructions" is by way of: -
A "negative servitude" (i.e. a "servitude of unrestricted view" or "a servitude of not building higher") registered over the property, or
A "restrictive condition" in the title deeds, or
"The provisions of a town planning scheme or other building legislation".
In this instance, the neighbour had complied with the development's building rules and regulations. And he could not be shown to have breached a verbal agreement reached between the parties as to a suitable roof height (the exact terms of the agreement were disputed, and the moral of this part of the story is that a proper written agreement would have removed all doubt!).
As a result, the complainant must now make do with a hugely reduced river view. Be warned next time you fall in love with a property if the view is important to you - do your homework (and get proper advice) on the neighbours' building rights before you buy!
Dismissing a home owner's claim against his neighbour for obstructing his river view in a residential development, the Court held that the only way to enforce a right against "lawfully built obstructions" is by way of: -
A "negative servitude" (i.e. a "servitude of unrestricted view" or "a servitude of not building higher") registered over the property, or
A "restrictive condition" in the title deeds, or
"The provisions of a town planning scheme or other building legislation".
In this instance, the neighbour had complied with the development's building rules and regulations. And he could not be shown to have breached a verbal agreement reached between the parties as to a suitable roof height (the exact terms of the agreement were disputed, and the moral of this part of the story is that a proper written agreement would have removed all doubt!).
As a result, the complainant must now make do with a hugely reduced river view. Be warned next time you fall in love with a property if the view is important to you - do your homework (and get proper advice) on the neighbours' building rights before you buy!