Bocardo SA V Strar Energy Onshore Ltd (2009)

PART B:
Historically, owning a piece of land meant that you would own everything above and below the soil, reaching from the ‘heavens’ themselves down to the deepest core of the Earth. The popular maxim "Cuius est solum, eius est usque ad coelum et ad inferos” which translates to “the person who owns the land owns it from the heavens above to the centre of the earth below. This has been considered within the legal world as a traditional starting point of property law and shapes what is understood about property law in our modern society. The legal definition of "land" continues to include earth and airspace as well as including the actual surface of the ground. “In the absence of any express or implied limitation of rights, an owner of land,
You have the right as a property owner to the airspace above the land that you own, however the boundaries are not specifically defined. A general rule states that a land owner is entitled to enough airspace to be able to reasonably enjoy the land below. Temporary intrusions onto land are considered trespass. An example of this is a bullet flying over land that has made no contact with any land or property. There are height limitations for claims in this matter, dictating that trespass can only be claimed were “the intrusion into airspace is of a nature and at a height that may interfere with the occupiers ordinary uses of the land” (Damage by Aircraft Act 1952 (NSW) s21). “As long as an aircraft traverses a property at a reasonable height, having regard to all the facts and circumstances, there will be no liability for trespass. On the other hand, as a legislative trade off, there is strict liability should the aircraft cause damage to personal property such as would occur if the aircraft crashed into the land or into a structure erected on the land” (Makie, Histed and Page 2011). Therefore, a large contributor to a trespassing claim on an individual’s land would be to prove the use of the land. You cannot ask commercial planes to stop flying over your property as the sky is considered a public highway to a certain extent. A common term referred to in property
The ruling decided that the landowner owned the minerals and strata below their land, unless they had conveyed it to somebody else, therefore the oil company making wells below the surface was considered trespass, and they were forced to pay compensation under the Mines (Working Facilities and Support) Act (1966) “The defendant had obtained a licence to extract oil from its land. In order to do so it had to drill out and deep under the Bocardo’s land. No damage at all was caused to B’s land at or near the surface. B claimed in trespass for