In an unexpected result, residents of luxury flats overlooked by Tate Modern have won their appeal to the Supreme Court by majority of 3-2.
The Court ruled Tate Modern’s use of a viewing gallery, which has upwards of 500,000 annual visitors, gives rise to liability under the common law of nuisance. Whilst acknowledging merely looking at what is happening on neighbouring land is not an actionable nuisance, the Court found that the particular use by Tate Modern constituted a substantial interference with the ordinary use and enjoyment of the flats. The use involved near constant observation, with visitors waving and posting photographs on social media.
The decision establishes that constant visual intrusion may give rise to liability for nuisance. However, far from opening the floodgates to nuisance claims, the Court distinguishes “overlooking” in its ordinary sense with the unique facts of this case, and it is not yet clear to what extent the courts will entertain visual nuisance claims.
Time will reveal the full impact of the decision. The precedent is still fresh, and an interpretation is yet to be applied in another case. For now, developers may wish to act cautiously when considering the visual impact of their developments.
Our expertise
You may be interested in...
Press Release
UK and Ireland law firm Browne Jacobson joins UKREiiF 2023
Legal Update
Biodiversity Net Gain — Government publishes consultation response
Legal Update
J A Ball Limited (in Administration) v St Philips Homes (Courthaulds) Ltd
Opinion
“A Modern Nuisance”
Opinion
Supreme court rules on retail tenant's service charge bill
Guide
2023: Horizon scanning in construction
Legal Update
Biodiversity Net Gain: positive for nature and an opportunity for landowners
On-Demand
The UK's green agenda - the outcomes of COP27 and actions since COP26
Press Release
Browne Jacobson advises Bromley Council on the first social housing initiative of its kind to tackle homelessness
Press Release
Browne Jacobson appoints its first Non-Executive to Chair to support its corporate sector strategy board
Legal Update
IUA publishes cladding remediation clause
Published Article
Sustainability in construction
The climate emergency has reached a point where real and substantial damage is being caused to both the planet and society. There has been a shift from planning and theorising the most effective solutions, to a phase where practical, efficient, and sustainable solutions are required at speed.
Published Article
Queen’s speech: planning reforms to be tackled via Levelling up Bill
This year’s Queen’s Speech has outlined several legislative changes and the overhauling of laws around levelling up, planning and economic crime that could affect conveyancers.
On-Demand
Building Safety Bill – what’s coming and how will it affect you?
In anticipation of the adoption of the Building Safety Bill, our specialist compliance and regulatory team will give an overview of the measures proposed in the Bill.
Opinion
Building Safety Bill receives Royal Assent
The new regime introduced by the Act will take shape over the next 18 months, but those who design, build or manage high rise buildings are being urged to get ready for the changes to be introduced through the act.
Opinion
Building Safety Bill amendments
In March the government proposed a number of changes to the Building Safety Bill. The new amendments propose additional protection for leaseholders to prevent them from being charged for cladding work if they own up to three properties.
Legal Update
SPS Groundworks & Building Ltd v Mahil [2022] EWHC 371 (QB)
A seller failed on an auction sale to comply with its common law duty to disclose an overage obligation affecting the property.
Legal Update
W (No.3) GP (Nominee A ) Ltd and another v J D Sports Fashion Plc (Nottingham County Court, 22 October 2021)
The County Court refuses the landlord’s request to include a turnover rent in a statutory lease renewal.
Legal Update
Brooke Homes (Bicester) Ltd v Portfolio Property Partners Ltd & Others [2021] EWHC 3015 (Ch)
The court provides some useful guidance on the different types of endeavours obligations and good faith clauses.
Legal Update
Ventgrove Ltd v Kuehne Nagel Ltd 2021 CSOH 129
A tenant in Scotland had validly exercised a break option even though it failed to pay VAT on the break premium.
Legal Update
Real estate quarterly update – January to March 2022
Read more about our latest real estate update aimed at in-house lawyers practising in the property and real estate sector.
Opinion
Draft Bill published to establish a Register of Overseas Entities
The Government has this week published the Economic Crime (Transparency and Enforcement) Bill as part of its measures to crack down on foreign criminals using property in this country to launder money. The Bill proposes the establishment of a Register of Overseas Entities to be maintained by Companies House.
Guide
2022: Horizon scanning in construction
Legal Update
Bath Rugby Ltd v Greenwood and others [2021] EWCA Civ 1927
A 1922 restrictive covenant was unenforceable as it did not clearly identify the land intended to be benefited by it.
Legal Update
Kensquare Ltd v Boakye [2021] EWCA Civ 1725
Time was of the essence for the purposes of a landlord’s notice to increase a tenant’s interim service charge contribution.
Legal Update
Wynne-Finch and others v Natural Resources Body for Wales [2021] EWCA Civ 1473
Historic exceptions of mines and minerals did not include mudstone, the common rock of the district.
Legal Update
Stonecrest Marble Ltd v Shepherds Bush Housing Association Ltd [2021] EWHC 2621 (Ch)
Where a lease provides a comprehensive scheme of repair and insurance, the court will not imply terms to cover any gaps in that scheme.
Legal Update
Real estate quarterly update - October to December 2021
Read more about our latest real estate update aimed at in-house lawyers practising in the property and real estate sector.
Legal Update
Sara & Hossein Asset Holding Ltd v Blacks Outdoor Retail Ltd [2020] EWCA Civ 1521
A landlord’s service charge certificate was conclusive as to the sums payable by a tenant under a lease.