Facts
The flew over the claimant's land at a height of several hundred feet to photograph his house.
Issue
Is flying over land at a height a ?
Held
No trespass.
Principle
An owner's rights in airspace extend only to the height needed for the ordinary use and enjoyment of the land.
Why it matters
Limits Kelsen: the airspace right is not unlimited.
Cited in these chapters
Cite this page
Bernstein of Leigh (Baron) v Skyviews & General Ltd [1978] QB 479 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/bernstein-v-skyviews> accessed 31 October 2026
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This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.