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.
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🏛️ Court: Queen's Bench Division 🗓️ Judgment Date: 10 February 1977 🗂️ Where Reported: [1978] Q.B. 479; [1977] 3 W.L.R. 136; [1977] 2 All E.R. 902 📍 Jurisdiction: United Kingdom
⚖️ Legal Principles
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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 owner’s rights only extend to the airspace necessary for the reasonable enjoyment and use of their land.