Question

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 common 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.

DECIDE.

• A. A will succeed since B's act amounts to trespass.
• B. A will not succeed since he was anyway not planning to build additional storey.
• C. A will not succeed since the hoarding is not obstructing him.
• D. A will not succeed since B has a right to erect a hoarding.

Answer 1

Answer: (C)

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

Trespass is an unauthorized act with respect to a person or property.In the above case B's hoarding which protrudes above A's terrace (6 feet above) does not obstruct A. Therefore he (A) will not be successful in suing B for trespass.