Bernstein v Skyviews & General Ltd (1978) ruled that a landowner's rights do not extend indefinitely into the airspace above their property. The case centred on aerial photography, examining private property rights with public airspace use, limiting landowners' control to ordinary use.
This case law note has been reviewed by a law tutor
ποΈ Court: Queen's Bench Division ποΈ Judgment Date: 10 February 1977 ποΈ Where Reported: [1978] Q.B. 479; [1977] 3 W.L.R. 136; [1977] 2 All E.R. 902 π Jurisdiction: United Kingdom
βοΈ Legal Principles
1οΈβ£
Limited Airspace Rights: Landowners do not have unlimited rights to the airspace above their property. In Bernstein v Skyviews, the court ruled that a property ownerβs rights only extend to the airspace necessary for the reasonable enjoyment and use of their land.