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My home is my castle: does this principle yield when I block your view or shade the sun's rays from you?


Griggs, LD, My home is my castle: does this principle yield when I block your view or shade the sun's rays from you?, Property Law Review, 4 pp. 120-124. ISSN 1838-3858 (2014) [Refereed Article]

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The Tasmanian Law Reform Institute is currently looking at the issue of hedges or trees that block the view or solar access of people in the near vicinity. Should Tasmania, as has already occurred in New SouthWales, Queensland and New Zealand, proactively legislate to provide a resolution to this type of dispute between neighbours, or is it a situation where a person should be entitled to do as they please with their land? What we learn from a comparative examination is that the idea that a personís home is their castle is now being softened as perceived community responsibilities impinge. What any legislative regime must do is sensitively balance a personís right to privacy with the wishes of a neighbour who wants to retain the aesthetic and economic value of a view or solar access. Drawing such a balance will inevitably bring out divergent opinions and can itself lead to conflict.What must be achieved in any proposed regime is a cure that is not worse than the disease it is seeking to remedy.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Private law and civil obligations
Research Field:Property law (excl. intellectual property law)
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Justice and the law not elsewhere classified
UTAS Author:Griggs, LD (Mr Lynden Griggs)
ID Code:97468
Year Published:2014
Deposited By:Faculty of Law
Deposited On:2014-12-17
Last Modified:2015-05-05

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