oa Comparative and International Law Journal of Southern Africa - Legal aspects of private airspace development
In South African law, it is not possible to obtain ownership in airspace at this stage because the application certain common law principles prohibits this. Even in the case of sectional ownership, the owner of a section remains co-owner of an undivided share in the land, and it is not possible to separate ownership of a part of the building totally from ownership of the land. There are, however, several ways in which a person can obtain rights to the use of a building belonging to another person. The article compares the concept of ownership in Dutch, German, Austrian, and American law. It then reviews legal aspects regarding airspace development in South African law.
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