Traditionally, property ownership relies on the ad coelum doctrine, (1) which states that ownership rights include the surface and extend above and below the surface.
Rothbard stated, "Using the homesteading principle, the ad coelum rule never made any sense, and is therefore overdue in the dustbin of legal history" (1982, p.
Closely related to trespass and nuisance is the ad coelum rule (96)--one who owns the surface owns upward and downward indefinitely.
The second reason that the denial of the ad coelum rule is misleading is that it still operates for other types of invasions, including in lower airspace.
Romans gave us architectural marvels, funny looking numbers, and the concept of property rights in airspace under the doctrine "culus est solum, cus est usque ad coelum
" translated as "[to] whomsoever the soil belongs, he owns also to the sky." (1) The doctrine endows a landowner with a private property right in the airspace, upward to an indefinite extent, above the land.
"Homesteading, Ad Coelum
, Owning Views and Forestalling," The Social Sciences 3, no.
This legal principle stems from the latin maxim, cuius est solum eius est usque ad coelum
et ad inferos, which roughly translated means: for whoever owns the soil, it is theirs up to heaven and down to hell.
Ferae Naturae, Ad Coelum
, and "Drill, Baby, Drill!"
At Defensio Secunda 1.52.4, Milton quotes Du Moulin's statement in the Regii Sanguinis Clamor ad Coelum
that Salmasius is going to level an new attack upon Milton, and literally 'blow his horn', post haec prooemia tubam terribilem inflabit [Greek Text Omitted] ille Salmasius, 'after these preludes, that wonderful Salmasius will blow a terrible trumpet'.(1) In this way, as Donald A.
The ferae naturae view suggests that subsurface pooled resources are commons property, while the ad coelum
view treats subsurface pooled resources as private property.
This Article then applies the cognitive theory of property to longstanding puzzles like the role of baselines--such as nemo dat ("one cannot give that which one does not have") and ad coelum
("one who owns the soil owns to the heavens above and the depths below")--the notion of title, and the function of equity as a safety valve for the law.
For most of history, people never actually visited the sky, but the common law nonetheless had an answer: "cujus est solum ejus est usque ad coelum
"--he who owns the soil owns up to the sky.