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Under common law, building a 'hangover' that breaks the vertical plane of a neighbor's property is a trespass and the property owner has the right to remove the offending structure. The airspace is property and retains developmental rights which can be sold or transferred.
United States v. Causby, 328 U.S. 256 (1946), was a landmark United States Supreme Court decision related to ownership of airspace above private property. The United States government claimed a public right to fly over Thomas Lee Causby's farm located near an airport in Greensboro, North Carolina.
At common law, property owners held title to all resources located above, below, or upon their land. Cuius est solum, eius est usque ad coelum et ad inferos (Latin for "whoever's is the soil, it is theirs all the way to Heaven and all the way to Hell") [1] is a principle of property law, stating that property holders have rights not only to the plot of land itself, but also the air above and ...
The intention to publish the journal was announced by the Law Institute in 1929. [1] It was to be dedicated to air law, aeronautical law, air property law and radio law, and compared with international journals dealing with similar topics such as the French Droit Aerien, the German Zeitschrift fur das Luftrecht and the Italian II Diritto Aronautica.
The U.S. Supreme Court in 1946 ruled that private property owners have exclusive rights to the airspace above their land, up to an altitude of 365 feet. [4]In the United States, the air sovereignty mission had been renamed "Air Sovereignty Alert", but in 2011 it was renamed "Aerospace Control Alert."
Property law is included in the JEL classification codes as JEL: K11 ... Air rights; Alien land laws; Alienated land; Alienation (property law)
Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty law and, in many cases, aviation law is considered a matter of international law due to the nature of air travel. However, the business aspects of airlines and their regulation ...
Law of the air may refer to: Aviation law and modern laws applying to airspace; Cuius est solum eius est usque ad coelum et ad inferos, a medieval property law