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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 ...
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."
Unless designated at a lower altitude, Class E airspace begins at 14,500 MSL over the United States, including that airspace overlying the waters within 12 NM of the coast of the 48 contiguous states and Alaska, up to but not including 18,000 feet MSL, and the airspace above FL 600. [14]
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.
Current US Code addresses air travel specifically. In 49 U.S.C. § 40103, "Sovereignty and use of airspace", the Code specifies that "A citizen of the United States has a public right of transit through the navigable airspace." A strong right to freedom of movement may yet have even farther-reaching implications.
The 88th Air Base Wing headquarters is located in Building 10 on Area A, Wright-Patterson Air Force Base, Ohio, on May 17, 2022. (Matthew Clouse/U.S. Air Force)
Some prohibited airspace may be supplemented via NOTAMs. For example, Prohibited Area 40 (P-40) and Restricted Area 4009 (R4009) often have additional restricted airspace added via a NOTAM when the president of the United States visits Camp David in Maryland, while normally the airspace outside of P-40 and R4009 is not prohibited/restricted.