Q&As

Is it possible to claim adverse possession over airspace? A drain pipe overhangs a neighbouring property (and has done for ten years), preventing the neighbouring owner from constructing an extension.

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Published on LexisPSL on 21/11/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Is it possible to claim adverse possession over airspace? A drain pipe overhangs a neighbouring property (and has done for ten years), preventing the neighbouring owner from constructing an extension.

Is it possible to claim adverse possession over airspace? A drain pipe overhangs a neighbouring property (and has done for ten years), preventing the neighbouring owner from constructing an extension.

Generally speaking, the owner of land as defined by section 205(1) of the Law of Property Act 1925 owns both the physical property, such as the building and soil comprising a property, as well as incorporeal hereditaments, ie rights such as easements. The owner of land is also the owner of the lower stratum of the airspace above the property, but not the airspace in the higher stratum, being the airspace sufficiently high so as not to be reasonably necessary for

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