Airspace

Question 1

Maxim

Answer 1

Cujus est solum ejus est usque ad coelum et ad inferos

- “Whoever owns the soil, holds title up to the heavens and down to the depths”

Question 2

Kelson v Imperial Tobacco

Answer 2

An overhanging sign on another’s property is a trespass. But there is an exception to the maxim under statute for airplanes

Question 3

Berstein v Sky Views

Answer 3

Flying over/near property is not a trespass. Limit on maxim to what is necessary for ordinary use/enjoyment

Question 4

Manitoba v Air Canada

Answer 4

No one can own airspace - only use it for proper use and enjoyment

Question 5

Hashem v Nova Scotia Power

Answer 5

No action in nuisance for adjacent landowners making normal use of their airspace if it doesn’t objectively impair your use of land

Question 6

Manitoba v Campbell

Answer 6

Rights to airspace go only to what is necessary for ordinary use. Actionable nuisance if someone is not using airspace for normal use

Question 7

Lewvest v Scotia Towers

Answer 7

Overswinging crane is trespass. Can protect airspace over land even if there are poor motives (NOTE - no discussion of ordinary use here)

Question 8

Woollertoon v Richard Costain

Answer 8

Overswinging crane is trespass, but poor motives may give a postponed injunction