LUCES Y VISTAS SOBRE TEJADO CIEGO.

Abstract

The terms of the Spanish Civil Code regulating building openings and views draws no distinctions according to whether views give onto a blind surface (wall fence, building wall, other type of wall or roof) or whether the contiguous land or lot is open or closed. This paper discusses building openings and views that face onto a blind roof and therefore do not infringe the adjoining landowner's right to privacy. The analysis looks at current regulations, the possession generated by such holes, the configuration of apertures or windows, the objections of the owner of the neighbouring property, the right to increase the height of a party wall that covers or fills such holes, the creation of easements and the potential acquisition of easements by prescription. The study ends with the author's personal proposal of a set of rules governing building openings and views that face onto blind roofs.