Does a property owner have a legally enforceable right to prevent a neighbor from constructing a building that would obstruct the property owner's access to light and air?

Fontainebleau Hotel Corp. is constructing a 14-story addition to their hotel, which will cast a shadow over the neighboring Eden Roc Hotel's cabana, swimming pool, and sunbathing areas during winter afternoons. The addition is being built 20 feet from the north property line, 130 feet from the ocean's mean high water mark, and 76 feet 8 inches from the ocean bulkhead line. It will be 160 feet high and 416 feet long.

Forty-Five Twenty-Five, Inc., the owner of Eden Roc Hotel, sought an injunction to stop the construction. They alleged that the addition was maliciously placed to harm them and violated a 100-foot setback ordinance. At the time the lawsuit was filed, the construction had already reached approximately eight stories in height.

Eden Roc (plaintiff) filed a complaint seeking an injunction against Fontainebleau (defendants) to halt ongoing construction. The chancellor conducted a hearing, considering testimony, and subsequently granted a temporary injunction. In response, Fontainebleau appealed this interlocutory order to the District Court of Appeal of Florida.

(None)

No. Property owners have no legally enforceable right to prevent neighbors from constructing buildings that obstruct access to light and air. The common law recognizes no easement or property right to the free flow of light and air from adjoining land. The maxim "use your own property so as not to injure another's" does not apply in this context, as it only prohibits uses that violate another's established legal rights. Numerous precedents reject the English doctrine of "ancient lights" and affirm that property owners may build to their property line and desired height, absent specific restrictions. No basis exists for an easement claim to light and air from a neighbor's property. Even if zoning setback requirements were violated, this would not give an adjoining property owner a private cause of action, particularly when objections are raised late after substantial construction has occurred. The right to build on one's land up to the property line is a fundamental attribute of property ownership. Restricting this right based on impacts to a neighbor's light or views would impose an undue burden on land development and urban growth. Absent express easements, contracts, or statutory provisions creating such rights, the law does not recognize claims for obstruction of light and air by neighboring buildings.

Concurrence (Horton, C.J.) Concurred with the majority opinion without providing a separate written opinion.

Concurrence (Carroll, J.) Concurred with the majority opinion without providing a separate written opinion.

Concurrence (Cabot, J.) Concurred with the majority opinion without providing a separate written opinion.