How Much Airspace Do You Own Above Your Property? A Complex Question with No Simple Answer
The question of how much airspace you own above your property isn't a straightforward one. It's a fascinating legal gray area that varies considerably depending on your location and the specific circumstances. While the common understanding is that you own a significant amount of airspace, the reality is far more nuanced.
The concept of property rights extending vertically, into the airspace above and horizontally below the surface, is well-established. However, the exact extent of these rights is not definitively defined and is subject to limitations imposed by law and common sense. Think of it like this: you own the land, but your ownership of the space above it isn't unlimited.
What Does "Ownership" of Airspace Actually Mean?
Before diving into specifics, it's crucial to understand what "owning" airspace entails. It doesn't mean you can prevent airplanes from flying over your house. Your ownership is more about the right to exclude others from interfering with the reasonable use and enjoyment of your property. This interference could take many forms, from building structures that obstruct sunlight to dropping debris onto your land.
How High Does My Airspace Extend?
There's no single definitive answer to this question. Generally speaking, the common law principle is that a landowner owns the airspace above their property only to a height necessary for the reasonable use and enjoyment of their land. This is often interpreted to mean a height sufficient to prevent interference with activities on the ground. This height is not fixed but is context-dependent.
Several factors influence the practical extent of airspace ownership:
- Local Laws and Regulations: Zoning laws and building codes will restrict the height of structures you can build and often indirectly define the usable airspace above your property.
- Federal Aviation Regulations: The FAA holds significant authority over airspace use, especially concerning aircraft. Your rights are subordinate to the safe operation of aircraft. You generally cannot prevent aircraft from flying over your property at appropriate altitudes.
- Common Law: Judicial precedents set by courts play a role in defining the extent of airspace rights. These precedents often hinge on the specific facts of each case, including the nature of the interference and the impact on the landowner's property.
- Type of Activity: The nature of the activity potentially interfering with your airspace is relevant. A low-flying helicopter carrying dangerous materials might represent a more significant intrusion than a passenger jet cruising at a considerable altitude.
What About Structures Built Above My Property Line?
Overhanging branches, eaves, or building portions extending over your property line are considered trespass, even if they don't significantly impact your use of the land. You have the right to request their removal.
Can I Prevent Satellites or Drones from Flying Over My Property?
The answer is generally no. Satellites operate far beyond the reasonable use and enjoyment of your property. Drone usage is more complex and is governed by FAA regulations and potentially local laws, but the likelihood of successfully preventing drones from flying over your property at reasonable altitudes is slim.
What Happens If Someone Builds Too High?
If a neighboring structure encroaches on your airspace in a way that significantly interferes with your use and enjoyment of your property (blocking sunlight, causing damage, etc.), you would have legal recourse. You could pursue legal action to have the encroachment removed or seek compensation for damages.
In Conclusion: Context Is Key
The amount of airspace you own above your property is not a fixed quantity. It's a complex legal issue determined by many factors, including local laws, federal regulations, judicial precedents, and the specific nature of any potential interference. Consulting with a real estate attorney is advisable for a precise understanding of your airspace rights in your specific location.
