The right of easement to prevent others from raising their buildings in shade of urban developments

Abstract

This research focuses on the right of easement to prevent others from raising their buildings in shade of urban developments. Nowadays, the residential projects have been increased, where the buildings and houses are unified in terms of design and height. This uniformity provides a certain aesthetic to residential areas and cities, and makes people to have more interest in purchasing such those houses and apartments. However, an owner of a house may want to build an additional floor or doing some modification in his/her real estate, which cause torts to the other owners in the residential projects. In this case, the damages can be seen in the negative effect of this act on the general outlook towards the area and project. Hence, the question that we want to answer it in this research is whether the owners of real estate in those residential projects can prevent such those acts or not?

Moreover, this research indicates to the right of easement as an original part of rights in rem, which restricts the utility of a real estate in favor of another estate owned by another person. Accordingly, the right of easement is a sort of guarantee to protect the owners for not allowing the others to build additional floors and modifications in the modern residential projects. The Iraqi Civil Law provides on that matter considering it as an implementation of the right of easement, as long as an agreement exists expressly or impliedly on preventing modification. Nonetheless, there may be a problem when this right is not registered in Real Estate Registration Office, and finding out an appropriate resolution for this problem.

All of the above questions and problematic issues will be discussed and answered in this research. Finally, we have provided some recommendations with a view to regulate accurate provisions regarding to this right, and a achieving justice in society.