Aerial law

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Aerial law governed what people could do with aircraft once built. It includes domestic laws and international agreements; civil and military purposes.

A key concept is airspace (air-space), referring to the air extending upward from an area of ground. The question is to what extent does ownership of the ground extend to ownership of the air.

Early aircraft law was influenced by a body of precedents already governing airspace. In England these precedents extend back to two cases, in 1598 and 1610, in which courts ruled that landowners could not build structures overhanging their neighbor's property in the air, even if they didn't touch the ground beyond the property line. Similar cases occurred in England and in the US through the nineteenth century, extending to smaller trespasses of airspace, including tree branches. "Land hath also, in its legal signification, an indefinite extent, upwards as well as downwards"—opinion of William Blackstone in the 1760s—was the guiding doctrine.[1]

See also

References

  1. Banner, 2008, pp. 16–20.

Publications referring to aerial law

Publications referring to law