KWAME NKRUMAH UNIVERSITY OF SCIENCE AND TECHNOLOGY

COLLEGE OF HUMANITIES AND SOCIAL SCIENCES

FACULTY OF LAW

LAW OF IMMOVABLE PROPERTY (LAW 365)

TUTORIAL QUESTION

The maxim cuius est solum, eius est usque ad coelum means a person entitled to possession of
land has exclusive rights upwards to the sun and downward to the centre of the earth.

 Using the cases of Kelsen v Imperial Tobacco Co Limited [1957] 2 QB 334 and
Bernstein of Leigh (Baron) v Skyviews & General Limited [1978] QB 479, determine the
circumstances under which the court will restrain each and every encroachment of the
airspace?
 With reference to current examples, demonstrate how the courts have treated the maxim
after the Berstein case?

FoL/KNUST/January, 2023.