Question

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts and select the most appropriate answer.

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 corner 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.

Options

• A will succeed since B's act amounts to trespass

• A will not succeed since he was anyway not planning  to build an additional storey

• A will not succeed since the hoarding is not obstructing him

• A will not succeed since B has a right to erect a hoarding

Answer 1

A will not succeed since the hoarding is not obstructing him

Explanation:

According to the principle, the right is restricted to such height as is necessary for the ordinary use and employment of land law, and the structure on it. In this case, the height is 6ft. only. It will not take sufficient air space and therefore 'A' will not succeed.