The starting point is to say that every freeholder owns the air above the land ‘up to the sky’ but, that does not, of itself, give a right to an uninterrupted airflow. Since such a right is unlikely to have been granted by an express agreement (eg easement or restrictive covenant) the only realistic way of claiming such a right would be through an implied easement. However, Webb [1863] makes it clear that there is no natural right to access to air coming across one’s property, and nor can this be acquired by an easement to give a general free and uninterrupted passage of air to a windmill or a chimney. Indeed, such a right would not ‘lie in grant’ because it would be too uncertain (ie neighbours would not know the extent of the obligation on them). In summary, your typical householder is unlikely to have a legal right to an unrestricted airflow. For the authorities see article in [2007] NLJ 850. © Practical Lawyer