Expanding the categories of negative easements- time for change?

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.

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