Cuius Est Solum Eius Est Usque Ad Coelum Et Ad Inferos
Cuius est solum, eius est usque ad coelum et ad inferos (Latin for whoever owns soil, is theirs all the way to Heaven and to Hell) often appearing in the shorter form Cuius est solum eius est usque ad coelum, omitting et ad inferos "and to hell", is a principle of property law, stating that property holders have rights not only to the plot of land itself, but also to the air above and (in the broader formulation) the ground below.
In modern law, this principle is still accepted in limited form, and the rights are divided into air rights above and subsurface rights below. Property holders generally have a right to the space immediately above and below the ground – preventing overhanging parts of neighboring buildings – but do not have rights to control flights far above their property, or subway construction below. In dense urban areas, air rights may be transferable (see transferable development rights) to allow construction of new buildings over existing buildings.
The phrase (in air form) is credited to 13th century Italian jurist Accursius, and is said to date in common law to the time of Edward I. It was more recently promulgated, in broad form (air above and ground below) by William Blackstone in his influential treatise Commentaries on the Laws of England (1766); see origins, below, for details. This article primarily discusses the applications to air rights.
Read more about Cuius Est Solum Eius Est Usque Ad Coelum Et Ad Inferos: Applications, Origins, Modern History
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