Pickering v Rudd: KBD 20 Jun 1815

Trespass into Air Space

The plaintiff had erected a board which extended over into his neighbour’s garden. The neighbour cut that down and a tree grown against his wall.
Held: Lord Ellenborough said: ‘I do not think it is a trespass to interfere with the column of air superincumbent on the close.’ and ‘if this board overhanging the plaintiff’s garden be a trespass, it would follow that an aeronaut is liable to an action of trespass quare clausum fregit, at the suit of the occupier of every field over which his balloon passes in the course of his voyage. Whether the action may be maintained cannot depend upon the length of time for which the superincumbent air is invaded. If any damage arises from the object which overhangs the close, the remedy is by an action on the case. Here the verdict depends upon the new assignment of excess in cutting down the tree.’

Lord Ellenborough
[1815] EWHC KB J43, (1815) 4 Camp 219, [1815] 171 ER 70, [1815] EngR 883, (1815) 1 Stark 56, (1815) 171 ER 400 (B), [1815] EngR 884, (1815) 171 ER 70
Bailii, Commonlii, Commonlii
England and Wales
Cited by:
CitedBernstein of Leigh (Baron) v Skyview and General Ltd (Summary) QBD 9-Feb-1977
The plaintiff complained that the defendant had flown over his and neighbouring properties and taken aerial photographs, and said that this was a gross invasion of his privacy, and that the defendant had invaded his airspace to do so. The plaintiff . .
CitedStar Energy Weald Basin Ltd and Another v Bocardo Sa SC 28-Jul-2010
The defendant had obtained a licence to extract oil from its land. In order to do so it had to drill out and deep under the Bocardo’s land. No damage at all was caused to B’s land at or near the surface. B claimed in trespass for damages. It now . .

Lists of cited by and citing cases may be incomplete.

Land, Torts – Other

Leading Case

Updated: 02 November 2021; Ref: scu.248380