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Kelsen v Imperial Tobacco [1957] 2 QB 334

The defendant owned the freehold in premises from which he ran a wholesale tobacco business. He leased part of the premises to the claimant from which he ran a tobacconist shop and had a flat in which he resided. The defendant erected a sign that protruded into the claimant’s airspace by four inches. 

 

Held:

An injunction was granted to prevent the trespass of the airspace.

Back to lecture outline on rights above and below the surface of land in land law