Comprehension

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.
Rule B: Rights above the land extend only to the point they are essential to any use or enjoyment of land.
Rule 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 traveled the distance of almost 7000 kilometres 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 kilometres directly above it.

Question: 1

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

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Always focus strictly on the rule mentioned in the question. If only Rule A is to be applied, ignore practical implications — apply the rule as it stands, even if it leads to impractical conclusions.
Updated On: Aug 11, 2025
  • In favour of the Government of India because the transgression was at a height at which Ramesh could not possibly have any use for.
  • That ownership of land does not mean that the owner’s right extends infinitely into space above the land.
  • In favour of Ramesh because he has the right to infinite space above the land he owns.
  • In favour of the Government of India because it would lead to the absurd result that Ramesh and most other property owners would have claimed against airline companies and other countries of the world whose satellites orbit the earth.
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The Correct Option is C

Solution and Explanation

Step 1: Understanding Rule A

Rule A states: “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.”
There is no limitation mentioned in Rule A — neither in terms of height above nor usefulness of that space.

Step 2: Apply Rule A Rigidly as Per Question

Since we are told to apply only Rule A, and Rule A clearly states that Ramesh owns the space above his land, the implication is that even satellites flying above his property fall within that ownership.
Hence, any satellite trespassing through this vertical column of space would be considered a violation of Ramesh's rights.

Step 3: Eliminate Other Options

(a) and (d) rely on reasoning from Rule B or C — which we are instructed NOT to use.
(b) is contradictory to Rule A, which does imply infinite vertical ownership.
Only (c) is strictly consistent with Rule A.

% Final Answer \[ \boxed{\text{(c)}} \]
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Question: 2

Applying only Rule B to Shazia’s case, you would decide in favour of:

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Under Rule B, rights above land are limited to what is essential for reasonable use or enjoyment. Anything beyond that — like symbolic acts — cannot override others’ lawful use of high space.
Updated On: Aug 11, 2025
  • Javed and Sandeep because Shazia can easily hoist a flag below 70 feet.
  • Shazia because she has the right to put her land to any use and the court cannot go into her intentions for hoisting a flag at 75 feet.
  • Shazia because she has the absolute right to the space above her land.
  • Javed and Sandeep because hoisting a flag 75 feet above one’s roof is not essential to the use and enjoyment of the land.
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The Correct Option is D

Solution and Explanation

Step 1: Understand Rule B

Rule B states: “Rights above the land extend only to the point they are essential to any use or enjoyment of land.”
This means a property owner does not have absolute rights to infinite vertical space. Their rights are limited to space that is required for reasonable use.

Step 2: Apply Rule B to the Case

Shazia wants to hoist a flag 75 feet high. However, the erection of a flag that high is not essential for use or enjoyment of her land.
The hoarding above her property casts a shadow, but that alone doesn’t establish a legal injury under Rule B.
Under Rule B, Javed and Sandeep are justified unless Shazia can prove that her use at 75 feet is essential — which she cannot.

Step 3: Eliminate Other Options

(a) is partly true, but it assumes alternative actions (flag below 70 ft) rather than applying Rule B strictly.
(b) wrongly applies Rule A logic (which allows broad land use); we are instructed to use only Rule B.
(c) is incorrect because absolute right to vertical space is denied by Rule B.
(d) is correct — the 75-ft flag is not essential for enjoyment, so Javed and Sandeep win under Rule B.

% Final Answer \[ \boxed{\text{(d)}} \]
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Question: 3

Applying only Rules A and B to Shazia’s case, you would decide:

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Always cross-check if a use of space above land is “essential.” Rights to airspace are not absolute and must be reasonably necessary.
Updated On: Aug 11, 2025
  • In favour of Shazia only under Rule A.
  • In favour of Shazia under Rule A as well as B.
  • Against Shazia under Rule B.
  • Against Shazia under Rule A as well as B.
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The Correct Option is C

Solution and Explanation

Step 1: Apply Rule A

Rule A gives the owner full rights over the land and space above — but that is restricted by Rule B.
Shazia claims a right to the airspace above her roof (up to 75 feet).

Step 2: Apply Rule B

Rule B limits the right above land to “what is essential to use or enjoyment of land.”
Hoisting a flag 75 feet high is not essential to Shazia’s use/enjoyment.
The hoarding doesn’t prevent reasonable use of her roof, hence under Rule B, her claim is weak.

Step 3: Evaluate Options

(a) is incorrect — Rule A’s absolute right is limited by Rule B.
(b) is wrong because Rule B denies her claim.
(c) is correct — Rule B restricts Shazia’s rights in airspace.
(d) is wrong — she still has right under Rule A; it’s just not strong enough when tested under Rule B.

% Final Answer \[ \boxed{\text{(c)}} \]
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Question: 4

Applying only Rule B and C to Ramesh’s case, you would decide:

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Vertical rights don’t stretch infinitely. Rights end where utility and interference ends — not where outer space begins!
Updated On: Aug 11, 2025
  • In favour of Ramesh only under Rule B.
  • In favour of Ramesh under Rule B as well as C.
  • Against Ramesh under Rule C.
  • Against Ramesh under Rule B as well as C.
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The Correct Option is D

Solution and Explanation

Step 1: Apply Rule B (Limited Vertical Rights)

Rule B states ownership of airspace extends only to the height “essential” for land use/enjoyment.
The satellite is 7000 km above ground — far beyond what is needed for enjoyment of land.

Step 2: Apply Rule C (No Unreasonable Infringement)

Rule C protects landowners only from interference that is unreasonable or impacts enjoyment.
A satellite passing that high does not interfere in any tangible or practical way.

Step 3: Evaluate All Options

(a) and (b) are incorrect — Ramesh’s right under Rule B fails.
(c) is half-right but doesn’t mention Rule B.
(d) is correct — Ramesh fails both under Rule B and C.

% Final Answer \[ \boxed{\text{(d)}} \]
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Question: 5

Applying Rule C to Shazia’s case, you would decide:

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Look for how much a person's enjoyment of their land is affected — even if another person’s act is lawful, it becomes unreasonable if it causes permanent interference.
Updated On: Aug 11, 2025
  • In her favour because hoisting a 75 feet high flag is reasonable.
  • Against her because hoisting a 75 feet high flag is not reasonable.
  • Against her because the hoarding is a reasonable use of the space above her land.
  • In her favour because the permanent shadow cast by the hoarding affects the reasonable enjoyment of her land.
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The Correct Option is D

Solution and Explanation

Step 1: Rule C Overview

Rule C protects a landowner from use of space above their land when:

The use is at a height that affects the landowner's enjoyment, and
The landowner has reasonable use of that space.



Step 2: Apply Rule C to Shazia’s Facts

The hoarding at 70 feet casts a permanent shadow on her terrace.
That interferes with her enjoyment of her home and is a direct impact.
Her claim is not just about flying a flag — it is about how the hoarding affects her living conditions.

Step 3: Evaluate the Options

(a) and (b) focus only on the flag — Rule C is about enjoyment of land, not flag-hoisting.
(c) is wrong — “reasonable use” for the hoarding is arguable, but harm is clearer.
(d) is correct — her enjoyment is affected by the permanent shadow.

% Final Answer \[ \boxed{\text{(d)}} \]
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