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The upper stratum is the space above which ordinary use and enjoyment by the property owner is reasonable, and is loosely defined in the Section 76 Civil Aviation Act 1982 as starting between 500 and 1,000 feet (150 and 300 m) above the roof level of the property.
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 ...
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.
He further stated: "I can find no support in authority for the view that a landowner's rights in the air space above his property extend to an unlimited height." [ 2 ] The case established that the rights of a land owner over his land extend only to a height necessary for the ordinary use and enjoyment of his land.
For a coastal state, the FIR consists of the airspace above its land and sea territory plus any international airspace in respect of which ICAO has assigned responsibility to that state. [4] For instance, the United States provides air traffic control services over a large part of the Pacific Ocean, even though the airspace is international.
Separation can also apply to terrain, obstacles, and controlled airspace, wherein an aircraft must stay at a minimum distance from a block of airspace; as an example, all aircraft must be approved by the controller who "owns" the airspace before the aircraft is approved to enter that sector. Separation at cruising altitude (aircraft passing below).
There is a growing emphasis on space law in academia. Since 1951, the McGill Faculty of Law in Montreal, Canada has hosted the Institute of Air and Space Law, and offers an LL.M. in Air and Space law. [104] The University of Mississippi School of Law publishes the world's only law journal devoted to space law, the Journal of Space Law.
Flying freehold is an English legal term to describe a freehold which overhangs or underlies another freehold. Common cases include a room situated above a shared passageway in a semi-detached house, or a balcony which extends over a neighbouring property.