Expanding the categories of negative easements- time for change?

Pascoe, Susan ORCID logoORCID: https://orcid.org/0000-0001-8618-2842 (2023) Expanding the categories of negative easements- time for change? In: Modern Studies in Property Law, Volume 12. Mrockova, Natalie, Nair, Aruna and Rostill, Luke, eds. Modern Studies in Property Law, 12 . Bloomsbury Publishing, London, UK. ISBN 9781509963669, e-ISBN 9781509963683, e-ISBN 9781509963676. [Book Section] (Accepted/In press)


This chapter analyses the criteria that should be used to expand the category of negative easements to include a right to privacy by not being overlooked from neighbouring land following the Supreme Court decision in Fearn v Board of Trustees of the Tate Gallery that overlooking a property is capable of giving rise to a cause of action in private nuisance. The reason that it is an opportune time to consider this is that the decision in Fearn will apply only in fairly exceptional circumstances due to the fact that liability for nuisance will arise solely where the defendant’s use of land cannot be regarded as a common or ordinary use of the land.

Item Type: Book Section
Sustainable Development Goals:
Research Areas: A. > School of Law > Law and Politics
Item ID: 37117
Depositing User: Susan Pascoe
Date Deposited: 04 Jan 2023 09:47
Last Modified: 17 Mar 2023 10:20
URI: https://eprints.mdx.ac.uk/id/eprint/37117

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