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
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234