He objected to the company taking the photographs

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Unformatted text preview: iews was in the business of taking aerial photographs of people’s land and selling them to the owners. Bernstein was offered photographs of his property. He objected to the company taking the photographs, arguing that it had trespassed on his airspace above his property and had invaded his right to privacy. He sued in trespass. DECISION: A landowner’s ownership of the airspace above the land is restricted to the height necessary for the owner to use and enjoy the land and its structures. COMMENT: The right to airspace will therefore vary depending on such variables as the land use, the location of the land and the surrounding land use. ISSUE: Does ownership of airspace above the land extend to an unlimited height? Right to airspace will therefore vary considerably from one location to another and from one form of land use to another. The fact that land includes airspace above the surface has been recognised by all states and underlies the concept of the ‘strata title’. Interests in land In the context of property law, an interest is any right, title or estate in any real or personal property (as shown in Figure 33.3). FIGURE 33.3 Interests in land In...
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This document was uploaded on 04/23/2012.

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