Who owns the space immediately above & below your property?
Discussion
Assuming you own a piece of land outright, no mortgage etc. Who owns the "air space" above it? I presume you must have some entitlement otherwise there would be nothing to stop your neighbour building a tudor type first floor extension overhanging your boundary.
The question is, how far up does the bit you own extend? Even if you own it at all.
Likewise, how far down do you own? If you owned a huge bit of land and dug a hole 500m deep to extract stone/iron ore/ ore, you could claim ownership of that - but how far down does your bit go? In theory surely the footprint of your area gets smaller as you go down into the earth too?
The question is, how far up does the bit you own extend? Even if you own it at all.
Likewise, how far down do you own? If you owned a huge bit of land and dug a hole 500m deep to extract stone/iron ore/ ore, you could claim ownership of that - but how far down does your bit go? In theory surely the footprint of your area gets smaller as you go down into the earth too?
I think you own about 500ft worth of airspace above your house (but I could be completely wrong, I tended to sleep through landlaw). And you own all the way down to the center of the earth in theory, in English Law anyway.
I think it was once cited as a man owns all the way up to heaven and down to hell (but it a latin phrase).......
I think it was once cited as a man owns all the way up to heaven and down to hell (but it a latin phrase).......
I'm pretty sure you only own to the top of the tallest part of your building.
Normally this is the chimney breast, but if you have an aerial or something that is taller then you by default own a bit further.
This is all IIRC but I believe I had the information from a friend who works in construction.
Normally this is the chimney breast, but if you have an aerial or something that is taller then you by default own a bit further.
This is all IIRC but I believe I had the information from a friend who works in construction.
Jasandjules said:
I think you own about 500ft worth of airspace above your house (but I could be completely wrong, I tended to sleep through landlaw). And you own all the way down to the center of the earth in theory, in English Law anyway.
I think it was once cited as a man owns all the way up to heaven and down to hell (but it a latin phrase).......
"Cuius est solum eius est usque ad coelum et ad inferos"I think it was once cited as a man owns all the way up to heaven and down to hell (but it a latin phrase).......
Does that also mean that if a tube line runs under you house (as will be the case for numerous londoners!) then LU have to as your permission to go through your land 
as for building "overhangs", I doubt they ca as they don't own the land it is overhanging. In other words you down strictly speaking own the area above and below your land but no-one else dies either....
as for building "overhangs", I doubt they ca as they don't own the land it is overhanging. In other words you down strictly speaking own the area above and below your land but no-one else dies either....
Ganglandboss said:
"Cuius est solum eius est usque ad coelum et ad inferos"
That's the one. But yes, I believe we only get lent the land from the queen, hence not owning mineral rights.
ETA: Homes and Gardens? Surely Plod and the Law at least if not the Lounge?
Edited by Jasandjules on Friday 10th July 07:34
Deluded said:
So in theory, if you own a house, outright, that has a tube tunnel running underneath. You could say "ger orf my land" and they would have to shift?
Doubt it
If they had built the tube without acquiring and easement or wayleave, yes indeedy.Doubt it
Guess how many underground railways are built without considering the legal implications, though?
You own all the way up, and I suppose that goes on forever and ever. At a lower level no one has the right to enroach on your property, including airspace above your building without consent.
Cranes require an oversailing licence, which you are not obliged to give, and which, if you do, come with all sorts of insurances etc, and a few quid for the old back pocket. Gutters and such which overhang your boudary are simply a trespass.
More complex I think as you go downwards. You do 'own' down to the secret world in the centre of the earth but earlier correspondants are correct, It's by virture of her Magesty allowing that holding the land free from her imposing encumberances on it, i.e freehold.
Tube lines and so on do pass below land, but they don't need consent as this is usually taken by act of parliament or special order under existing legislation. That doesn't mean that anyone building a tunnel can damage your property in so doing,e.g Crossrail in London. hundreds and hundreds of surveys have been done of buildings where appropriate to check their condition before the work started.
Similarly, aeroplanes don't need specific permission. That's covered by some arcane bit of legislation as well. I'm not sure if they need permission to land on your property though....hhmmmmm. Straying out of my field (so to speak) now.
Cranes require an oversailing licence, which you are not obliged to give, and which, if you do, come with all sorts of insurances etc, and a few quid for the old back pocket. Gutters and such which overhang your boudary are simply a trespass.
More complex I think as you go downwards. You do 'own' down to the secret world in the centre of the earth but earlier correspondants are correct, It's by virture of her Magesty allowing that holding the land free from her imposing encumberances on it, i.e freehold.
Tube lines and so on do pass below land, but they don't need consent as this is usually taken by act of parliament or special order under existing legislation. That doesn't mean that anyone building a tunnel can damage your property in so doing,e.g Crossrail in London. hundreds and hundreds of surveys have been done of buildings where appropriate to check their condition before the work started.
Similarly, aeroplanes don't need specific permission. That's covered by some arcane bit of legislation as well. I'm not sure if they need permission to land on your property though....hhmmmmm. Straying out of my field (so to speak) now.
I used to live in Primrose Hill which is where HS2 trains leaving Euston first go underground. Couple of friends will have trains going right under them at what are pretty shallow depths. You might own the land to the core of the earth but it HM Govt wants to use it the compensation you’ll get is shall we say minimal if anything at all.
In relation to drones and UAV's, the issue with airspace above land has been a long standing one. The legislation states that the rights of a property owner are restricted in relation to the airspace above his land to such a height as is necessary for the ordinary use and enjoyment of his land.
Estate said:
In relation to drones and UAV's, the issue with airspace above land has been a long standing one. The legislation states that the rights of a property owner are restricted in relation to the airspace above his land to such a height as is necessary for the ordinary use and enjoyment of his land.
Which if I remember correctly is covered by an aviation act from 1982 which states 500 to 1000 feet. Above this you have no more rights than anyone else. Below this is considered the space to reasonably enjoy your property (or something like that).Below ground as I understand it, you own the land all the way down but not including gold or silver (belongs to the crown) oil or gas (covered by the petroleum act) coal (belongs to the coal board) plus a load of other caveats (ancient graves, treasure trove, train tunnels etc).
Ricky146a said:
Below ground as I understand it, you own the land all the way down but not including gold or silver (belongs to the crown) oil or gas (covered by the petroleum act) coal (belongs to the coal board) plus a load of other caveats (ancient graves, treasure trove, train tunnels etc).
Presumably as you go down it must be a cone, because the world is a ball.
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