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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96) The full maxim is cuius est solum eius usque ad coelum et ad inferos, which means "whoever owns the soil owns also to the sky and to the depths.
If we could accept and literally construe the ad coelum doctrine, it would simplify the solution of this case; however, we reject that doctrine.
61 (2013) (arguing that common law ad coelum maxim based in productive labor and natural rights was able to accommodate airplane overflights); Richard A.
Although the court invoked the talisman of ad coelum in its
Contrary to the ad coelum view, common law courts did not hold that
Roberts has pointed out that through 'the inflated language of the dedication' of the Regii Sanguinis Clamor ad Coelum 'Salmasius becomes "thaumasious", full of miracles and wonders'.
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.
If subsurface resource pools are the individuated private property of the surface owners, as the ad coelum view suggests, then it must be conceded that each individual surface owner loses ownership of water, oil, and gas once it migrates across the property line.
Part III applies the cognitive theory developed here to several puzzling issues of baselines in property, including the nemo dat principle ("one cannot give that which one does not have"), the ad coelum rule (that a landowner owns "to the heavens above and the depths below"), the notion of title, and the role of equity as a modification of the law.
In trespass to land, an unauthorized crossing of a boundary serves as a (very) rough proxy for harmful use; any voluntary entry into the space defined by the ad coelum rule counts as a trespass.
After the first hot-air balloon flight in 1783, people began to realize that ad coelum could lead to absurd results.
As the ad coelum debate continued well into the twentieth century, legislatures also attempted to address the problem.