- The Plaintiff owns a tobacco store, and the Defendant is his neighbour
- The D erected a sign which overhung the roof of the P’s store by some distance
- P alleges trespass
Does the nature of the property right to the airspace above the shop’s land allow an action in trespass?
- Prima facie, the lease of land includes the airspace
- Just because the airspace is not needed, doesn’t mean it doesn’t belong to the leaser
- It can be trespass to use airspace of another (that is why Civil Aviation Acts expressly grant permission)
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