Although such use would technically be an invasion of this property right, different states have varying rules about the penalties for doing so without permission. Construction projects have created disputes between property owners over the right to use airspace. Believe it or not, this issue was litigated, proving the point that there are enough lawyers to take on any case. Public Utilities Code §§ 21402, 21403 Drennen v. For example, there is a right of commercial aviation over all property in the United States. Although property owners have rights to the “top of the atmosphere”, there are exceptions. The invasion of airspace by a crane overswing is not a clear cut issue. This week we shift our attention to using the airspace of other property for construction crane overswing. Last week we talked about installing shoring under the neighbors’ building to properly protect it from movement during excavation. As discussed in our Update last week, urban developers often need to cross their neighbors’ property lines in order to efficiently construct their projects.
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