Air Sovereignty by Dr. J. F. Lycklama à Nijeholt (auth.)

By Dr. J. F. Lycklama à Nijeholt (auth.)

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Art.. 4. Sueh diseussions of these laws as we have been abie to consult (Holland, France, Germany, Belgium) showed us clearly that the makers considered the stretching ofwires over another's property unlawful unless legally admitted. We even found the opinion that the proposed restriction of the landowner's right was a serious one, apt to reduce the value of the land, as the wires would probably be a great nuisance to the proprietor of the land 1). In most cases, however, the restriction was eonsidered to be a very light one indeed, and has been enacted without difficulty.

1904. Entsch. des Reichsger. Neue Folge IX, p. 116. Austria. O. G. H. 27 Nov. 1907. Österr. Zentralhl. für die juristische Praxis, Jänner 1909. p. 33. In opposition to tbis authority in our favour we found hut a very modest numher of decisions of a different opinion, holding that land-property only extends to what is united with the soil. Netherlands. 1882 (W. 4861). - Indirect decision, namely in conformity with the conclusion of the attorney general, that upbolds tbe opinion. Local Court of Goor 23th March 1893 (quashed Supreme Court.

14 avr. 1852. Mon. du 20 avr. 1852. art. 4. Loi du 23 mai 1876 autorisant des eoneessions de telegraphie loeale. Mon. du 28 mai 1876. art. 5. Loi eoneernant l'etablissement et l'exploitation de reseaux telephoniques, 11 juin 1883. Mon. du 12 juin 1883. art.. 4. Sueh diseussions of these laws as we have been abie to consult (Holland, France, Germany, Belgium) showed us clearly that the makers considered the stretching ofwires over another's property unlawful unless legally admitted. We even found the opinion that the proposed restriction of the landowner's right was a serious one, apt to reduce the value of the land, as the wires would probably be a great nuisance to the proprietor of the land 1).

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