cuius est solum eius est usque ad coelum
An old common law maxim on the extent of a landowner's rights. Taken literally, it would make every aircraft a trespasser. Modern law limits it: the owner's rights in the airspace extend only to the height needed for the ordinary use and enjoyment of the land and the structures on it. Overhanging projections, cranes and branches at a low height can still be trespass or nuisance.
Below ground, the owner's rights are subject to statute. In India, mining is regulated by central and state law, and aircraft flight is governed by aviation legislation. Use the maxim to state the starting point, then the limits.
Example
Despite cuius est solum eius est usque ad coelum, an aircraft flying at a normal height over the farm is not a trespass, since it does not interfere with ordinary use of the land.
In Indian law
- Bernstein v. Skyviews & General Ltd. (Queen's Bench, England, 1978): rights in airspace limited to the height needed for ordinary use