305. Trespass.

An unlawful entry by one person on land in the possession of another is a trespass for which a claim may be brought1. On building sites, tower cranes are frequently used and the oversailing of the jib over neighbouring property is a trespass since the ownership of land includes ownership of the air up to the sky2. Thus, an adjoining owner can compel a contractor to desist from oversailing his air space and the contractor cannot resist an injunction by reliance upon the balance of convenience

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