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cuius est solum eius est usque ad coelum

Latin · KOO-yus est SOH-lum AY-yus est US-kway ad SEE-lum · Property and land

Meaning. Whoever owns the soil owns everything above it up to the sky and below it to the depths.

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

See also

trespass · ownership · nuisance · immovable property

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