Does a person have a right to use and enjoy the airspace above their property?
Alberta, Canada
The following excerpt is from Didow v. Alberta Power Limited, 1988 ABCA 257 (CanLII):
The authorities to which I have referred following Fay v. Prentice establish that the right to use land includes the right to use and enjoy the airspace above the land. These cases cautiously fall short of saying that ownership of land includes ownership of all airspace above the land. In any event, they serve to make clear that intrusion by an artificial or permanent structure into the airspace of another is forbidden as a trespass.
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