Air rights

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 develop the space above the land without interference by others. 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 develop the space above the land without interference by others. This legal concept is encoded in the Latin phrase Cuius est solum, eius est usque ad coelum et ad inferos ('Whoever owns the soil, it is theirs up to Heaven and down to Hell.'), which appears in medieval Roman law and is credited to 13th-century glossator Accursius; it was notably popularized in common law in Commentaries on the Laws of England (1766) by William Blackstone; see origins of phrase for details. Property rights defined by points on the ground were once believed to extend indefinitely upward. This notion remained unchallenged before air travel became popular in the early 20th century. To promote air transport, legislators established a public easement for transit at high altitudes, regardless of real estate ownership. Both the public easement in the space at these higher altitudes and landowner rights to the exclusive use of the airspace at lower altitudes have been well documented by the U.S. judiciary.