The oversail of any object, plant, scaffolding or crane boom within the airspace of an Adjoining Owner is a form of trespass governed by the Law of Tort. To avoid this tortuous liability, the agreement between each landowner whether this be implied or express must be obtained.
This Agreement allows a crane to be placed on a development site, in such a position that its jib (and sometimes its counterweight) swings beyond the boundaries of the development site into airspace belonging to adjoining owners.
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