Do I Have Any Rights to the Air Above My Property or the Surface Below?
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The Air up There
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Many landowners may not be aware of the fact that they have a right to use and possess the airspace the "floats" above the actual property they own. This right is not exclusive, and as such, airspace may be utilized by others for different purposes than a landowner would. Such a concept is easy to understand when you think of it in relation to aircrafts. For example, if you build a standard two-story house on your property, you have the right to not have that structure be subject to any physical interference from aircrafts.

On the flipside, aircrafts do have the right to use airspace for flights, as long as they don’t interfere with the rights of the landowners.

The law is clear that an owner is entitled to freedom from excessive noise and passage by airborne carriers. If an aircraft is in flight so low that it is unreasonably disturbing to the landowner, the aircraft could be held liable for trespassing on your property. Additionally, if the aircraft or airport is government-owned, such flights would constitute a "taking" of your property.

Next, we’ll discuss a landowner’s right to use and possess the surface and subsurface of his or her property.

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