Nuisance and the Private Space: Reflection on Fearn v The Tate Gallery

Abstract

Despite much criticism, Fearn v The Tate Gallery is one of the most important decisions of recent times. This is not because of the way in which it develops the doctrine of the law of private nuisance, but rather because it recognises an aspect of the right to property that is crucial to our liberty. This is the idea that property in a house, apartment or the like gives one a right to what we can call a private space. This article locates the recognition of this right in Fearn v The Tate Gallery and demonstrates why it is so important.