By Dr. J. F. Lycklama à Nijeholt (auth.)
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The right to stretch wires over another's land has often been objected to with the principle "Cujus est solum ejus est usque ad coelum". Such objections have led in most countries to laws positively estabIishing the required right and thereby recognising the necessity of this right having a legal basis, because it is a restriction of the landowner's right. Instances of such legal provisions are to be found in the following laws 3): The Netherlands. Law to regulate communication by means of electro-magnetic telegraphs, 7th March 1852.
The sphere of its silently recognised sovereignty over the airspace rises according as the houses or other interests reach higher. As long as this rising is gradual and especially as long as no opposite interest makes its appearence, no one objects. It is the suddenness ·of 33 the great expansion of the sphere of exercise of state sovereignty, combined with the wish to protect aerial navigation against the slightest impediments, that makes many a writer hesitate to recognise that leapin the air ofthe exercise ofstate sovereignty.
T. 275. Clifton v. Viscount of Bury. 4 T. L. R. 8. National Telephone Co. v. Baker. 62 L. J. Ch. 699 4). Wandsworth District Board of Works v. United Telephone Co. 13 Q. B. D. 904 (C. ). Finchley Electric Light Co. v. Finchley Urban District 1902, 1 Ch. 866; 1903, 1 Ch. 437 5). Kenyon v. Hart. 34 1,. J. M. C. 87 4). Murphy v. Bolger. 60 Vt. 723. Hoffman v. Armstrong. 48 N. Y. 201. A curious decision concerning the connection between land and airspace has been given by in an English case. It held that a telegraph com pany, by establishing a telegraph line along a railway line, was liable to be rated to the poor rate in respect of the land the posts were placed in and the land covered by the wires.
Air Sovereignty by Dr. J. F. Lycklama à Nijeholt (auth.)