Is There a Legal Right to a View?

When it comes to property ownership, the idea of having a picturesque view—be it a sprawling cityscape or a tranquil countryside—is often considered a valuable asset. However, in England and Wales, the question arises: Is there a legal right to maintain this view if it’s threatened by new developments or constructions?

Understanding Property Rights

To begin, it’s essential to understand what property rights entail under the law. In England and Wales, property owners have certain rights concerning their land, including the right to enjoy their property without interference. However, these rights do not generally extend to the landscape view a property may afford.

The Legal Landscape

Unlike physical encroachments that affect property boundaries, views are considered an intangible benefit. Consequently, there is no statutory provision in England and Wales that specifically protects a property owner’s right to a view. This means that while your view might be a selling point for your property, its continuity isn’t usually legally guaranteed.

Case Law Considerations

Historical case law has consistently supported the notion that there is no automatic right to a view. One key precedent establishes that unless there is an express agreement, such as a restrictive covenant, neighbouring landowners generally have the right to develop their property even if it obstructs someone else’s view. For instance, the case of Aldred’s Case (1610) famously determined that a view is not a legal right that can be protected by the common law.

Potential Exceptions 

There are certain instances where the right to a view might be indirectly protected. This is often through restrictive covenants, where an agreement between landowners restricts the use of the land in some way, potentially including the obstruction of views. However, these covenants must be explicitly outlined in property deeds to be enforceable.

Navigating Disputes

For property owners concerned about losing their view to a new development, the first step is to engage in open dialogue with any potential developers. Engaging in community consultations and participating in local planning discussions can also be influential. In some cases, local planning authorities might consider the impact on views when evaluating planning applications, especially if the view has historical or aesthetic significance.

Conclusion

In summary, while the loss of a view can be disappointing, the lack of a legal right to a view in England and Wales dictates that property owners should be proactive in protecting their interests through other available channels. Understanding the local planning process and any existing legal instruments such as covenants is essential to navigating this complex area of property law. 

By empowering themselves with the right knowledge and engaging constructively with neighbours and local authorities, property owners can better manage their expectations and make informed decisions regarding their land and its surroundings.

If you are looking for a first rate conveyancing service why not give one of Alexander JLO’s specialist property lawyers a call on 020 7537 7000, click here or email quote@london-law.co.uk for a free, no-obligation quotation? Come and see what we can do for you.

This blog was prepared by Alexander JLO’s property partner Matt Johnson on the 21st April 2025 and is correct at the date of publication. Matt has many years of experience of dealing with property work and specialises in new build and shared ownership properties throughout England and Wales.  His profile on the independent Review Solicitor website and be found Here