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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
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
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This document was uploaded on 04/23/2012.
- Three '12