Bernstein of Leigh v Skyviews & General Ltd · English High Court · 1978

Was the plane trespassing?

Short answer: No: not at normal flying height.

The facts. A company flew over Lord Bernstein's English country house, took an aerial photo, and offered to sell it to him. He sued for trespass, saying a landowner owns the airspace above his land.

The ruling. Bernstein of Leigh v Skyviews (1978): The court held landowners own airspace only up to the height needed for ordinary use of the land, so there was no trespass.

Lord Bernstein was the founder of the Granada television empire. The case came down the opposite way from what the ancient maxim suggested.

Read the source

For fun, not legal advice.