Commissioner for Railways v Valuer-General

Facts

The question for the Privy Council, on appeal from New South Wales, was whether the airspace above railway land had to be included in a valuation of the fee simple.

Issue

Does the fee simple include the airspace above the land as a separate item of value?

Held

The Board advised that it did not, on the facts. Lord Wilberforce treated the coelum maxim as imprecise, and not as a grant of ownership to the heavens.

Principle

The maxim is, at most, a statement of the extent of the owner's rights, not a declaration that airspace is a separate estate.

Why it matters

It is the Privy Council authority beside Bernstein and Causby.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.