🕊️ The Lord of Stoborough and the Ownership of Airspace within the Liberty and Manor of Stoborough under English Law

I. Introduction

The Crown Manor and Liberty of Stoborough, a thousand-year-old territorial unit on the Isle of Purbeck in Dorsetshire, stands as one of the few surviving private liberties in England to retain continuity of manorial and regalian rights granted from the Crown in medieval times.
Among those enduring rights are the incidents of seisin—the rights inherent in ownership of the soil—which in English law traditionally extend from the center of the earth upward through the airspace above it.

Thus, the Lord of Stoborough, as holder in fee simple of the Liberty and Manor, possesses not only dominion over the lands, heaths, and waters of the estate, but also a recognized proprietary interest in the airspace immediately above it. This ancient principle has been confirmed repeatedly in English jurisprudence and remains a key feature of the common-law conception of property.

II. The Common-Law Maxim: Cujus est solum, ejus est usque ad coelum et ad inferos

The starting point for any discussion of airspace ownership is the classical common-law maxim:

Cujus est solum, ejus est usque ad coelum et ad inferos
(“Whoever owns the soil, owns also up to the sky and down to the depths.”)

This doctrine, derived from medieval jurists such as Accursius and later adopted into English common law by Sir Edward Coke, affirmed that ownership of land carries with it vertical sovereignty—control of both subsurface minerals and the column of air above.

While modern aviation and public regulation have limited the absolute reach of this maxim, English courts have never fully abrogated the landholder’s right to the lower and usable stratum of airspace—that is, the airspace that can reasonably be enjoyed in connection with the land’s use and occupation.

III. Judicial Clarification of Airspace Rights

The leading cases in English law establish a clear two-tiered doctrine:

1. Lower Stratum – The airspace necessary for the ordinary use and enjoyment of the land belongs to the freeholder absolutely.

   • Kelsen v. Imperial Tobacco Co. (1957) held that a sign projecting into airspace above a shop constituted trespass, even though it caused no physical interference.

   • Bernstein of Leigh v. Skyviews & General Ltd. (1978) reaffirmed that landowners control the lower airspace “to such height as is necessary for the ordinary use and enjoyment of their land.”

2. Upper Stratum – Beyond the point of reasonable enjoyment, airspace becomes part of the public highway of aviation and subject to statutory control under the Civil Aviation Act 1982.

Thus, the Lord of Stoborough, as freeholder of the Liberty, exercises private control and exclusive rights over the lower stratum of airspace above his lands—typically extending to 500 or 1,000 feet above the ground surface, depending on the local context and use.

IV. Application to the Liberty and Manor of Stoborough

The Liberty of Stoborough covers approximately 2,670 acres, comprising Stoborough Heath, the River Frome corridor, meadows, and wooded lands adjoining the Jurassic Coast UNESCO World Heritage Site. Under historic manorial conveyances—from the Crown grant of 1484, the Pitt family tenure, and the 19th-century sale to the Earls of Eldon—ownership has always included “the ground and soil thereof, with all woods, underwoods, commons, and appurtenances, profits and hereditaments whatsoever.”

In English property law, “the ground and soil” inherently carries airspace and subsoil ownership, unless severed by statute or express grant. Because Stoborough was alienated by the Crown in fee simple, with “all franchises, liberties, and hereditaments thereunto belonging,” its title incorporates perpetual dominion over both the surface and the superjacent airspace.

This includes the right to:

• Exclude encroachment by overhead structures or installations (e.g., poles, cameras, drones).

• Grant easements or licenses for aerial utilities such as wind turbines, telecommunication masts, or observation towers.

• Control aerial filming or commercial photography within the lower stratum.

• Authorize or deny use of air rights for renewable-energy infrastructure.

V. Modern Legal Relevance: Airspace, Drones, and Environmental Stewardship

A. Drones and Aerial Trespass

Under the Civil Aviation Authority (CAA) regulations and the Air Navigation Order 2016, drone operators must not fly below certain altitudes or within 50 meters of private property without consent. Therefore, any unpermitted drone flights over the Liberty and Manor of Stoborough within the controlled airspace band would constitute trespass or private nuisance, actionable by the Lord of the Manor as landowner.

B. Air Rights as Property Assets

In modern estate law, airspace has been recognized as a separable estate in land capable of sale, lease, or mortgage.
Examples include:

• Rooftop developments in London,

• Air rights sold for solar arrays,

• Wind farm easements.

Thus, the Lord of Stoborough possesses the potential to license or monetize air rights above his manorial lands for environmentally sustainable projects—such as low-impact wind power, meteorological installations, or ecological monitoring systems—consistent with the Liberty’s conservation objectives.

C. Conservation Airspace

As portions of the Stoborough Liberty fall within Purbeck Heaths National Nature Reserve and SSSI zones, the airspace above these lands has added environmental sensitivity. The Lord’s jurisdictional awareness ensures compliance with Natural England air-traffic and noise restrictions, while maintaining legal control against disturbances to wildlife and nesting zones.

VI. Jurisdictional Character: The Liberty as a Semi-Autonomous Entity

Unlike ordinary freeholds, the Liberty of Stoborough was historically a Crown-derived jurisdiction, governed by its own Court Leet and exempt from certain county sheriffs’ authority. This distinction grants the Lord a symbolic and ceremonial jurisdictional airspace—an ancient echo of sovereignty where regalian rights were once devolved from the king to a mesne lord.

While the Crown now retains control of upper navigable airspace, the Lord of Stoborough’s feudal liberty preserves an enduring sense of territorial completeness, extending vertically as well as horizontally. This concept mirrors the old notion of a “free barony” or “fief in the round”, encompassing the soil, the water, and the air above.

VII. Comparative Precedents in English and Channel Island Law

In Guernsey and the Channel Islands, seigneuries historically enjoyed jurisdiction over both land and foreshore, including implicit air and mineral rights. The Seigneur of Fief Blondel, also held by Lord George Mentz, exemplifies such continuity. The Stoborough title, grounded in English common law but parallel in nature, follows the same conceptual lineage—a private seignory with territorial sovereignty over airspace and surface alike.

VIII. Philosophical and Practical Implications

The lord’s dominion over the air above Stoborough symbolizes a broader principle: stewardship of the invisible realm—the atmosphere, climate, and aerial ecology that sustain life.
In a world where air quality, carbon sequestration, and environmental monitoring define new forms of property value, the control of airspace assumes both legal and moral significance.

Through his title, the Lord of Stoborough inherits the ancient duty of the English lords—to guard not only the soil but the very “air and breath” of the realm.

IX. Conclusion

Under English property law, the Lord of the Manor and Liberty of Stoborough rightfully owns and controls the airspace immediately above his lands, subject only to statutory aviation limits. His dominion, inherited from the Crown alienation of 1484 and maintained through continuous lawful conveyance, confirms his proprietary jurisdiction over the atmosphere of Stoborough—an enduring manifestation of the ancient maxim usque ad coelum et ad inferos.

In this union of law and landscape, the Lord of Stoborough presides over one of England’s oldest surviving manorial liberties—where the rights of earth and sky meet, and where ancient title merges with the modern guardianship of air, nature, and heritage.