Cases - Kelson v Imperial Tobacco

Record details

Name

Kelson v Imperial Tobacco

Date

[1957]; [1957]; [1957]

Citation

2 QB 334; 2 WLR 1007; 2 AII ER 343

Legislation

Civil Aviation Act 1982

Keywords

Trespass - airspace - advertising sign - crane - whether invasion of airspace trespass or nuisance - landlord and tenant - parcels - damages as appropriate remedy - mandatory injunction

Summary

This case determined that an advertising sign protruding into a neighbour's airspace constituted a trespass. Although any injury to the plaintiff was very small an injunction was granted as otherwise it would have effectively given a licence for continued violation of the airspace.

It was ruled that ownership extends beyond the plane of an oversailing crane.