As to any right of prospect, a building erected so as to spoil a view cannot at common law be a nuisance for that reason.
Lord Hardwicke LC said: ‘I know no general rule of common law, which warrants that, or says, that building so as to stop another’s prospect is a nuisance. Was that the case, there could be no great towns; and I must grant injunctions to all the new buildings in this town . . .’
References: (1752) 2 Ves Sen 453, [1752] 28 ER 290
Judges: Lord Hardwicke LC
Jurisdiction: England and Wales
This case is cited by:
- Cited – Hunter and Others v Canary Wharf Ltd HL 25-Apr-1997 (Gazette 14-May-97, Times 25-Apr-97, , [1997] UKHL 14, [1997] AC 655, [1997] Fam Law 601, [1997] 2 All ER 426, [1997] 2 FLR 342, [1997] 2 WLR 684, [1997] Env LR 488, [1997] 54 Con LR 12, [1997] 84 BLR 1, [1997] CLC 1045, (1998) 30 HLR 409)
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit . .
These lists may be incomplete.
Last Update: 22 September 2020; Ref: scu.195583
