Section 17.42 Aviation and the Right of Possession

• Library: Tort Law 2016

5. (§17.42) Aviation and the Right of Possession

There continues to be controversy about the extent of the upward property right, especially in light of the increased amount of aviation traffic. Because of the necessity of this form of travel, some compromises had to be made that limit a landowner’s exclusive possession of the airspace above the land. Today, there are four theories advanced in an attempt to reconcile these conflicting interests. The first is the "zone theory," which limits a landowner’s right in the airspace to the landowner’s effective possession—that which is necessary for the landowner’s use and enjoyment of the land. Swetland v. Curtiss Airports Corp., 55 F.2d 201 (6^th Cir...