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Problem 3 Rule A.  An owner of land has the right to use the land in any manner he or she desires. The owner of land also owns the space above and the depths below it B. Rights above the land extend only to the point they are essential to any use or enjoyment of land C. An owner cannot claim infringement of her property right if the space above his or her land is put to reasonable use by someone else at a height at which the owner would have no reasonable use of it and it does not affect the reasonable enjoyment of his or her land Ramesh's case Ramesh owns an acre of land on the outskirts of Sullurpeta, Andhra Pradesh.  The Government of India launches its satellites into space frequently from Sriharikota, near Sullurpeta. The Government of India does not deny that once the satellite launch has travelled the distance of almost 7000 km it passes over Ramesh's property. Ramesh files a case claiming that the Government of India has violated his property rights by routing its satellite over his property, albeit 7000 km directly above it.

Applying only Rule A to Ramesh's case, as a judge you would decide

A)  In favour of the Government of India because the transgression was at a height at which Ramesh could not possibly have any use for

B)  That ownership of land does not mean that the owner's right extends infinitely into space above the land

C)  In favour of Ramesh because he has the right to infinite space above the land he owns

D)  In favour of the Government of India because it would lead to the absurd result that Ramesh and most other property owners would have a claim against airline companies and other countries of the world whose satellites orbit the earth Shazia's case Shazia owns a single storeyed house in Ahmedabad which has been in her family for more than 75 yr. The foundation of the house cannot support another floor and Shazia has no intention of demolishing her family home to construct a bigger building. Javed and Sandeep are business partners and own three storey houses on either side of Shazia's house. Javed and Sandeep are also Ahmedabad's main distributors for a major soft drinks company. They have erected a huge hoarding advertising their products, with the ends supported on their roofs but the hoarding also passes over Shazia's house at 70 feet and casts a permanent shadow on her terrace. Shazia decides to hoist a huge Indian flag, going up to 75 feet, on her roof. She files a case, asking the court to order Javed and Sandeep to remove the hoarding for all these reasons.