ABSTRACT

Traditionally, ownership of land has been held to be ownership of a space from the highest heavens down to the centre of the earth, but this view has been modified by the requirements of modern life (see, for example, the CAA 1982; Treasure Act 1996; Wollerton and Wilson Ltd v Richard Costain Ltd (1970) – liability for overhanging crane jib; Bernstein v Skyviews and General Ltd (1978) – no liability in trespass for aircraft flying over land at a reasonable height; Laiqat v Majid (2005) – liability for extraction duct which encroached onto neighbouring land by 750mm).