• Lord Bernstein wrote to Skyviews stating the photographs had been taken without his permission, and was an invasion of his privacy. D flew over P’s house to take photos of it and D claimed trespass and invasion of privacy. b) Identify an earlier case which the court considered in Bernstein of Leigh (Baron) v Skyviews and General Ltd [1978] QB 479. The space belongs to the owner of the surface of the land even if it was created by another and the landowner has no access: Bernstein v Skyviews and General Ltd [1978] QB 479 Case summary . Explain how the court used that case in Bernstein. He demanded Skyviews hand over or destroy … The case established that a property owner does not have … Berstein wanted to sue for trespass to his airspace. Man made and natural spaces below land are capable of ownership. Bernstein of Leigh v Skyviews & General Ltd • On the 3 rd of August 1974 Skyviews took aerial photographs of Lord Bernstein’s property. Bernstein of Leigh v Skyviews & General Ltd [1978] QB 479 is a case in English law in which a plaintiff attempted to sue for trespass when aerial photographs were taken of his property. Share this case by email Share this case. This case considered the issue of trespass and whether or not the taking of a photograph from a plane above a mans property amounted to a trespass into the airspace above his land. Bernstein 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 case established that a property owner does not have … State why, in your reasoned opinion, this is a leading case [suggested words: around 100]. Reading 1.1. Held: The court applied some common sense - hey said that you own the airspace that is necessary for the ordinary use and enjoyment of your land. Bernstein of Leigh v Skyviews & General Ltd [1978] QB 479 is a case in English law in which a plaintiff attempted to sue for trespass when aerial photographs were taken of his property. Lord Bernstein v Skyviews and General Limited [1978] 1 QB 479 . Rights below the surface of the land . The case established that a property owner does not have unqualified rights over the airspace above their land. Add to My Bookmarks Export citation. Bernstein of Leigh (Baron) v Skyviews and General Ltd. (1978) QB 479. This property law case surrounded the principle of Culus est solum eius est usque ad coelum et ad inferos, meaning one can enjoy his land from the highest heavens down to the centre of the Earth. One of Catherine Doran‘s favourite cases is Bernstein v Skyviews, a 1970s dispute concerning trespass to airspace and privacy, which involves issues relevant to the current debate on drone use.. Catherine says: “I have chosen this case that many will remember from their legal studies because we see 20 th Century technology colliding with 13 th Century principles. In Lord Bernstein of Leigh v Skyviews & General Ltd the Court noted that the ad coelum phrase was 'colourful', but said that it was well settled in the common law that a land owner had rights in the air immediately above the land, extending in particular to … Bernstein (Baron) v Skyviews & General Ltd [1978] QB 479. Judgement for the case Bernstein v Skyviews. a) Locate Bernstein of Leigh (Baron) v Skyviews and General Ltd [1978] QB 479. Right to spaces below the surface . • Skyviews offered to sell the photographs to Lord Bernstein. This item appears on. 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