Does the owner of a laneway have a right to air space above the laneway?
Ontario, Canada
The following excerpt is from Matar v. 1201553 Ontario Ltd. et al., 2020 ONSC 2344 (CanLII):
Title over the laneway extended to the air rights above the laneway. It is a longstanding principle that the owner of a piece of land owns everything above and below it to an indefinite extent. At least as far back as Corbett v. Hill (1870) L.R. 9 Eq. 671, courts have sustained actions in trespass and acknowledged an owner’s right to air space.
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