Bernstein of Leigh v Skyviews & General Ltd [1978] 1 QB 479
Property law; real property; extent of owners' rights in land; airspace.
Facts: Skyviews took an aerial photograph of Bernstein's house, which they then offered to sell to him. Bernstein argued that in order to take the photograph Skyviews must have flown over his land. Because they had done so without his permission, he argued they had trespassed.
Issue: Did flying over Bernstein's land constitute trespass?
Decision: Skyviews had not trespassed.
Reason: Bernstein's ownership of the land extended to the airspace only as far as necessary for his ordinary use and enjoyment of his land. After analysing the existing law, Griffiths J said (at 484):
"I can find no support in authority for the view that a landowner's rights in the airspace above his property extend to an unlimited height".
He said further (at 488):
"The problem is to balance the rights of an owner to enjoy the use of his land against the rights of the general public to take advantage of all that science now offers in the use of airspace. This balance is in my judgment best struck in our present society by restricting the rights of an owner in the airspace above his land to such height as is necessary for the ordinary use and enjoyment of his land and the structures upon it, and declaring that above that height he has no greater rights in the air space than any other member of the public."