Principle: The owner of a land is entitled to the column of air space above the surface ad infinitum. But, the right is restricted to such height as is necessary for the ordinary use and employment of his land, and the structure on it. Factual Situation: A had constructed a single-storeyed house on a commercial site. He had no intention of building an additional floor. B his neighbour, who ran an internet parlour got a hoarding made, which protruded over A’s house at a height of around 6 feet above the terrace. A sues B for trespass. (NLU DELHI 2010)

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Principle: The owner of a land is entitled to the column of air space above the surface ad infinitum. But, the right is restricted to such height as is necessary for the ordinary use and employment of his land, and the structure on it. Factual Situation: A had constructed a single-storeyed house on a commercial site. He had no intention of building an additional floor. B his neighbour, who ran an internet parlour got a hoarding made, which protruded over A’s house at a height of around 6 feet above the terrace. A sues B for trespass. (NLU DELHI 2010)






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