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In real estate, air rights are the property interest in the "space" above the Earth's surface. Generally speaking, owning or renting land or a building includes the right to use and build in the space above the land without interference by others.
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 ...
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated structures which are the property of a person. For a structure (also called an improvement or fixture) to be considered part of the real property, it must be integrated with or affixed to ...
A high-profile trial involving a luxury condominium in downtown Sarasota concluded on Thursday to determine who owns the air rights in The Quay.
Property rights are constructs in economics for ... goods, like air), ... the use of government takings to transfer real property from a private party to another ...
[8] [9] Therefore, real estate traditionally has included all rights to water, oil, gas, and other minerals underground. [8] The United States Supreme Court has held that as far as air rights, "this doctrine has no place in the modern world," [10] but it remains as a source of law to this day, or "fundamental to property rights in land." [8]
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