Bernstein of Leigh v Skyviews & General Ltd
Bernstein of Leigh v Skyviews & General Ltd [1978] 1 QB 479 is a case in English law in which a plaintiff attempted to sue for trespass when aerial photographs were taken of his property. The case established that a property owner does not have unqualified rights over the airspace above their land.
Background
On 3 August 1974 the defendants took an aerial photograph of the plaintiff's house. The plaintiff alleged that in taking the aerial photo, the defendants had trespassed in the plaintiff's airspace. The defendants admitted taking the photo but claimed that they had taken it whilst flying over an adjoining property. The defendants also argued that if they had flown over the plaintiff's land, then they had the plaintiff's implied permission.
Judgment
Griffiths J stated: "I can find no support in authority for the view that a landowner's rights in the air space above his property extend to an unlimited height." The case established that the rights of a land owner over his land extend only to a height necessary for the ordinary use and enjoyment of his land.
Hobbes Theorem
This case is a good example of the application of the Hobbes Theorem, which states that if parties could not negotiate to arrive at an efficient outcome, the role of the law is to allocate property rights in such a manner so as to achieve efficiency through that allocation.