PRIVATE PROPERTY RIGHTS IN THE AIR SPACE AT COMMON LAW

Abstract

The English and Canadian courts have not yet had to clarify the status of a landowner’s interest in the air space over his/her property, but some writers have reached definitive conclusions about the English common law on the topic. The author re-examines the cases relied on, focusing on the nature of the problems confronting the courts and using them to determine what rules of law a landowner can use when an aircraft flies over his/her property. The circumstances that determine their applicability are also considered. The American position is examined to reflect principles that should be kept in mind should a dispute between a landowner and aircraft operator arise in Canada.