Facts
The put up an advertising sign that stuck out about eight inches into the airspace over the claimant's shop.
Issue
Is intrusion into airspace a ?
Held
It was a trespass, and an was granted.
Principle
The owner of land owns the airspace above it to a reasonable height, so a sign over the land is a trespass.
Why it matters
Leading airspace case.
Cited in these chapters
Cite this page
Kelsen v Imperial Tobacco Co [1957] 2 QB 334 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/kelsen-v-imperial-tobacco> 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.