Ownership also includes air rights, to a point. So, unless it’s already been sold, ownership includes the subsurface rights, and any minerals, oil or dinosaur bones found underground. When you own land, as we said, you own it from the heavens down to the center of the Earth. ![]() This includes the trees and rocks and animals on the surface, including the fruit of the trees. It doesn’t include any man-made structures on the surface, or below for that matter. Let’s discuss these three different types of real estate. The government owns the land itself, and all the subsurface and air rights. ![]() For example, in Israel, a person can usually only own the right to build on the surface of the land. In other countries, land ownership is different. Does this mean an airplane flying 36,000 feet above your house is liable for trespassing? Can you dig under your house even if it may cause damage to adjacent land? Can an owner sell their rights to the land above or below the surface? This is a concept of land ownership handed down to us from English law. ![]() But this has legal implications and raises many questions. They own everything from (and I’m quoting) “heaven to hell.” In other words, the owner of land also owns the air above the land up to the sky, and down to the center of the Earth. Our classical understanding of land ownership tells us that when a person owns land, they don’t just own the surface. Understanding the field of real estate requires that we understand the nature of landed property, and the various rights of those who possess the property. We use the terms land, real estate, and real property interchangeably, and with little understanding of the implications of what these words mean.
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