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Legal Implications of Crane Overhang on Adjoining Properties

To whom it may concern, There are various statutes and items of case law that may impact on your situation. This correspondence will now address the issues that you have raised in relation to the matter of the crane overhanging adjoining properties from a legal perspective. You are first to be advised that it is possible for the operation of the crane so as to overhang the neighbouring property to constitute a common law trespass. At common law it is said that a property owner owns "cujus est solum ejus est usque ad coleum at ad inferos", that is to say, everything up to the sky and down to the centre of the earth. This may be a bit of an exaggeration, however. Nowadays, it might be better said that an owner's property rights in the air extend to that which is necessary for the reasonable use and enjoyment of their land. This might mean that a plane flying over someone's property wouldn't be a trespass (Bernstein v Skyviews [1978]) but a crane hanging over another's property certainly could (Graham v KD Morris and Sons [1974]). I note that your crane will overhang the neighbouring properties at a height of 60 metres. This is significantly higher than the heights of the crane in Graham v KD Morris (20 metres) so that is in your favour. On the other hand, recent decisions have given the impression that any overhanging another property could give rise to a trespass (Janney v Steller Works Pty Ltd (2017). It's very possible that a neighbour could be nervous about the crane being there for that long, and might consider it to be unsightly. It also means that your neighbour can't use that space. If a court agrees with that, it may well be a trespass, and said neighbour could bring such an action under the common law and obtain a mandatory injunction. I therefore herein suggest to you that the most advisable course of action in your situation is to seek permission from this neighbour to make use of their airspace. You may request of them a licence to do same. It is likely that your neighbour will request consideration for the grant of this licence. We are happy to help you in suggesting a reasonable quantum of this consideration, and in the drafting of a licence agreement. Yours etc.