air rights

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Air Rights

The right to build on, occupy, and/or profit from the air above a piece of real estate. Supposedly, air rights have existed as long as the concept of private property, but it became important in the 20th century as air travel became more common. In the United States, air rights only extend to the amount of air that one may reasonably occupy. As with other aspects of real estate, air rights may be sold, leased, or otherwise acted upon either in conjunction with or separate from the property to which they are attached. See also: Mineral Rights.

air rights

Historically,property owners owned to the center of the earth and to the top of the heavens, which included the right to all the air above the property and the right to exclude trespassers from that air. Until the invention of aircraft, the matter typically arose only in disputes over the right to remove tree limbs extending over one's property. Today, aircraft constantly trespass into property owner's air space and violate their air rights.As an accommodation to modern technology, courts allow reasonable trespasses to air rights. Airports and governments frequently purchase air rights adjacent to an airport,called avigation easements,to provide glide paths for aircraft.(Because of the scarcity of prime real estate near city centers, many local governments are investigating and implementing plans to lease air rights above transit hubs to developers,for building hotels and other such projects.)

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Homesteading, Ad Coelum, Owning Views and Forestalling," The Social Sciences 3, no.
This legal principle stems from the latin maxim, cuius est solum eius est usque ad coelum et ad inferos, which roughly translated means: for whoever owns the soil, it is theirs up to heaven and down to hell.
ferae naturae view nor the ad coelum view--but adamant that extraction
following the conventional ferae naturae view, the ad coelum view, or a
Sodomy was considered one of those frightful sins which cry to heaven for vengeance, according to the ancient adage: "Clamat ad coelum vox sanguinis et sodomorum, vox oppresso rum, merces detenta laborum.
The ferae naturae view suggests that subsurface pooled resources are commons property, while the ad coelum view treats subsurface pooled resources as private property.
As counterpoint to the ferae naturae and commons property view of subsurface resource pools, the conventional ad coelum view suggests that the resources are private property.
The Struggle to Control Airspace from the Wright Brothers On, UCLA law professor Stuart Banner examines how the united states moved from the ad coelum rule to the current regime, under which landowners have no right to the sky above them, anyone (with government permission) can fly most anywhere, and governments assume the right to limit access to the air however they see fit.