1428. Trespass, nuisance and privacy.

At common law, the entry by an aircraft into the airspace above a person's land is an actionable trespass if it is at such a height as to affect his rights; the owner of the land has rights in the airspace only to such height as is necessary for the ordinary use and enjoyment of the land and the structures upon it1.

Such an entry may give rise to a right of action for nuisance; but since no action lies in respect of nuisance without proof of damage, it is thought that the flight of aircraft over or in the