Bernstein v Skyviews & General Ltd
1978 · QB 479
Posted By lanbuk.com
- Facts
- Lord Bernstein owned a country house. Skyviews flew over and took an aerial photograph, then offered to sell it to him. He sued in , saying his ownership of the land included the airspace through which the aircraft flew.
- Issue
- Does the owner of land own all the air above it, up to the heavens?
- Held
- No. Griffiths J dismissed the claim. The maxim is a colourful phrase, not a rule that the owner can sue for every overflight.
- Principle
- The rights of a landowner in the airspace above the land are limited to the height needed for the ordinary use and enjoyment of the land and the structures on it.
- Why it matters
- It is the modern answer to the old maxim, and the reason an ordinary overflight is not a trespass.
Words and Latin in this note
- Cuius est solum
- 'Who owns the soil owns up to the heavens and down to the depths.' A colourful phrase. It does not give the owner a claim for every overflight. The right stops at the airspace needed for ordinary use of the land. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.