Ally purchased a rural retreat in the Adelaide Hills. Albert developed the property with a number of small, prefabricated cabins that were used for short term accommodation through AirBNB. The cabins came fully assembled, were transported on Ally's land by truck and placed on the site by a crane. The cabins rested on their own weight. Albert landscaped the areas immediately outside the cabins with a turf lawn, rambling cottage gardens, and an exposed aggregate pathway to the front door of each cabin. The cabins are airconditioned with a small unit attached to the roof and piped throughout.

The AirBNB business was very successful but, unfortunately, Ally is having some difficulties with her neighbour, Rob. Rob operates a hot air ballooning business that it is popular with tourists to the area. Unfortunately, given the proximity of the balloon's launch site, the balloons cross over Ally's property - and the cabins - at a very low altitude. At times the balloons have barely passed over the roofs of the cabins which has caused Ally's visitors (and Ally) some trepidation.

Ally's pleas to Rob have been met with silence. In exasperation, Ally lists the property for sale with the local real estate agent. The land is purchased by Rob who can see the benefit of expanding the hot air balloon business to include the accommodation on Ally's neighboring property.

Although Ally is not happy that Rob is buying the land, the sale proceeds. After settlement, Rob inspects the property and sees that Ally has removed all the cabins for use at Ally's next AirBNB venture. Rob is furious and want's Ally to return the cabins. Ally responds that he was entitled to take the cabins and that Rob had interfered with his (Ally's) airspace. Advise Ally and Rob regarding:

1. if or if not, Ally needs to return the cabins to Rob?
2. if or if not, Ally would have an action for trespass to airspace arising from Rob's hot air balloons?