Share this case by email Share this case. Right to spaces below the surface . 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. 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. Lord Bernstein v Skyviews and General Limited [1978] 1 QB 479 . Explain how the court used that case in Bernstein. 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: Rights below the surface of the land . 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. The case established that a property owner does not have … D flew over P’s house to take photos of it and D claimed trespass and invasion of privacy. 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 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. 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. • Lord Bernstein wrote to Skyviews stating the photographs had been taken without his permission, and was an invasion of his privacy. • Skyviews offered to sell the photographs to Lord Bernstein. Add to My Bookmarks Export citation. Bernstein of Leigh v Skyviews & General Ltd • On the 3 rd of August 1974 Skyviews took aerial photographs of Lord Bernstein’s property. 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. 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. He demanded Skyviews hand over or destroy … b) Identify an earlier case which the court considered in Bernstein of Leigh (Baron) v Skyviews and General Ltd [1978] QB 479. Bernstein v Skyviews and General Ltd [1978] QB 479 Case summary . Bernstein v Skyviews [1978] QB 479 Case summary last updated at 17/01/2020 21:00 by the Oxbridge Notes in-house law team. State why, in your reasoned opinion, this is a leading case [suggested words: around 100]. Judgement for the case Bernstein v Skyviews. Bernstein of Leigh (Baron) v Skyviews and General Ltd. (1978) QB 479. Man made and natural spaces below land are capable of ownership. This item appears on. Reading 1.1. Berstein wanted to sue for trespass to his airspace. 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. a) Locate Bernstein of Leigh (Baron) v Skyviews and General Ltd [1978] QB 479. Bernstein (Baron) v Skyviews & General Ltd [1978] QB 479. 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