Define: Altius Non Tollendi

Altius Non Tollendi is a Latin term that translates to “higher right of non-removal” in English. It is a legal principle that grants a landowner the right to prevent any interference with the airspace above their property. This principle recognises that a landowner has exclusive control over the space above their land up to a reasonable height.

Altius Non Tollendi is often invoked in cases involving trespassing or nuisance caused by objects or structures that encroach upon the airspace above a property. It establishes that a landowner has the right to prevent any unauthorized use or occupation of the airspace above their land, regardless of whether the object or structure physically touches the land.

However, the exact height to which the principle applies may vary depending on the jurisdiction and specific circumstances of the case. Courts typically consider factors such as the nature of the land, the purpose of the intrusion, and the impact on the landowner’s use and enjoyment of their property.

Altius Non Tollendi is an important legal principle that helps protect a landowner’s property rights and ensures their control over the airspace above their land. It provides a legal basis for landowners to seek remedies, such as injunctions or damages, against individuals or entities that interfere with their exclusive use and enjoyment of the airspace.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.