The Tate Modern found Liable in Nuisance
Jan Samuel 20-02-2023
Do you live in a property which is overlooked by your neighbours? Are people looking into your property causing problems for you and your family?
The decision in the recent case of Fearn and Others -v- Board of Trustees of the Tate Gallery was delivered on 1 February 2023. Could this open up a potential on many new claims of nuisance by way of visual intrusion?
The Tate Modern contains the well known viewing platform on its top floor (constructed in 2016), which provides views over the city of London. Unfortunately, the view also provides a direct line of sight into a number of residential flats (constructed just four years ago) which are located nearby.
The Supreme Court overturned an earlier decision of the Court of Appeal and found that “beyond doubt” the Tate Modern’s viewing platform caused a substantial interference with the ordinary use of the flats, comparing the flat owners’ position that they found themselves in, to be that of animals on display in a zoo.
This decision does provide a fresh take on what may constitute a nuisance in the context of overlooking a neighbouring property and it could well give rise to new cases of visual intrusion.
If you are suffering because of neighbours and others being able to look into your property, we may be able to help.
Contact us today to speak to one of our expert solicitors about following in the footsteps of the Tate Modern case, and bringing your own claim for damages.