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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. 



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