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Legal Terms - Airspace
Airspace refers to the legal concept of land ownership in English law and international law.
The concept of ownership of a piece of land includes the control over the airspace above it, as stated by the maxim "cuius est solum, eius est usque ad coelum et ad inferos" (whoever owns land, it is theirs up to the heavens and down to hell). However, outer space is not believed to be subject to ownership.
Under English law, a landowner possesses the rights to the airspace directly above their land, to the extent that it is required for the regular use of their land and any structures on it.
The restraint mentioned here represents a dominant public interest in aerospace technology. This interest would be at risk if permission were needed for planes or satellites to cross over land, as established in the case of Bernstein v Skyviews [1978] QB 479. Within these boundaries, any extension outside one's property, such as a signboard or an exceptionally tall crane, might be considered a violation of property rights (Kelsen v Imperial Tobacco Co [1957] 2 QB 334). Similarly, if one's neighbor causes air pollution, it can be seen as a disturbance (St Helens Smelting Co v Tipping (1865) 11 HL Cas 642). Air pollution is also regulated by several laws. There is no inherent entitlement to the unrestricted movement of air from adjacent property, but it is possible to obtain legal rights for the passage of air through a specific aperture, such as a window or a ventilator. Civil aircraft flying at an appropriate altitude over land are not considered to be trespassing, according to Section 76(1) of the Civil Aviation Act 1982. However, if such aircraft cause any physical harm or damage to individuals or property, compensation can be sought.
According to international law, the subjacent state has full and exclusive control over its national airspace, which includes the airspace over its internal seas and territorial sea. Consequently, aside from planes experiencing difficulties, any utilization of a country's airspace by foreign aircraft necessitates the formal authorization of the respective state. Granting permission can be done unilaterally or more generally, in the case of commercial flights, through a bilateral treaty, typically with stipulations of reciprocity.
Airspace refers to the legal concept of land ownership in English law and international law.
The concept of ownership of a piece of land includes the control over the airspace above it, as stated by the maxim "cuius est solum, eius est usque ad coelum et ad inferos" (whoever owns land, it is theirs up to the heavens and down to hell). However, outer space is not believed to be subject to ownership.
Under English law, a landowner possesses the rights to the airspace directly above their land, to the extent that it is required for the regular use of their land and any structures on it.
The restraint mentioned here represents a dominant public interest in aerospace technology. This interest would be at risk if permission were needed for planes or satellites to cross over land, as established in the case of Bernstein v Skyviews [1978] QB 479. Within these boundaries, any extension outside one's property, such as a signboard or an exceptionally tall crane, might be considered a violation of property rights (Kelsen v Imperial Tobacco Co [1957] 2 QB 334). Similarly, if one's neighbor causes air pollution, it can be seen as a disturbance (St Helens Smelting Co v Tipping (1865) 11 HL Cas 642). Air pollution is also regulated by several laws. There is no inherent entitlement to the unrestricted movement of air from adjacent property, but it is possible to obtain legal rights for the passage of air through a specific aperture, such as a window or a ventilator. Civil aircraft flying at an appropriate altitude over land are not considered to be trespassing, according to Section 76(1) of the Civil Aviation Act 1982. However, if such aircraft cause any physical harm or damage to individuals or property, compensation can be sought.
According to international law, the subjacent state has full and exclusive control over its national airspace, which includes the airspace over its internal seas and territorial sea. Consequently, aside from planes experiencing difficulties, any utilization of a country's airspace by foreign aircraft necessitates the formal authorization of the respective state. Granting permission can be done unilaterally or more generally, in the case of commercial flights, through a bilateral treaty, typically with stipulations of reciprocity.
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