Air rights

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Air rights

A privilege or right, protected by law, to build in, occupy, or otherwise use a portion of air space above real property at a stated elevation, in conjunction with specifically located spaces on the ground surface for the foundation and supporting columns.
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Although the court invoked the talisman of ad coelum in its
Contrary to the ad coelum view, common law courts did not hold that
If subsurface resource pools are the individuated private property of the surface owners, as the ad coelum view suggests, then it must be conceded that each individual surface owner loses ownership of water, oil, and gas once it migrates across the property line.
The ad coelum view of subsurface resource pools as individuated private property requires not only recognition of a theory of title-loss trot also a theory of nuisance immunity as well.
A prime example of mistaken doctrine that can be attributed to the application of the private property paradigm of the ad coelum view is that some states have wrongfully denied a cause of action when one neighbor extracts subsurface water that threatens subsidence of neighboring land.
After the first hot-air balloon flight in 1783, people began to realize that ad coelum could lead to absurd results.
As the ad coelum debate continued well into the twentieth century, legislatures also attempted to address the problem.
The ultimate demise of ad coelum came through one such lawsuit, when the U.