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Trespass to air space and property development

By: Language: English Series: New Law Journal ; 138(6339) 15 January 1988, 23-26(4)Publication details: 1988Description: (See also Abstract)Subject(s): Summary: Examines cases on trespass to airspace and property development , looking at caselaw which 1) supports the rights of the landowners where any unauthorised intrusion into the property of a landowner constitutes a trespass, and 2) cases which hold that the court, in deciding whether or not a trespass has been committed, weigh up the interests of both parties, granting a remedy to a landowner only if his interest exceeds the interest of the public in having access to his land.

Examines cases on trespass to airspace and property development , looking at caselaw which 1) supports the rights of the landowners where any unauthorised intrusion into the property of a landowner constitutes a trespass, and 2) cases which hold that the court, in deciding whether or not a trespass has been committed, weigh up the interests of both parties, granting a remedy to a landowner only if his interest exceeds the interest of the public in having access to his land.