Real Property -Vertical Dimensions (Air and Sub-ground Rights)

Question 1

US v Causby (air rights)

Answer 1

Rule- A property owner has a property interest (claim) in the airspace directly over their property (the superadjacent airspace), to at least as much of the space above the
ground as they can occupy or use, but not in the airspace far above it (at cruising
altitude of planes)

However, when use of the air renders one’s property uninhabitable, there is a compensable taking under the Fifth Amendment, the value of which is measured by the owner’s loss, rather than by the taker’s gain.

Property is taken within the meaning of the Fifth Amendment by a direct and immediate interference with the enjoyment and use of private land that renders it uninhabitable.

Question 2

Avigation Easement

Answer 2

easement for airplane transit through airspace owned by another (property owner has right to compensation under 5th amendment)

Question 3

Fee interest

Answer 3

ownership in land/real property; an interest in land that is owned in unrestricted fee status and is, thus, freely alienable by the fee owner

Question 4

Chance v BP Chemicals (subsurface rights)

Answer 4

Plaintiffs/appellants’ rights in the subsurface include right to exclude invasions that actually interfere with their reasonable and foreseeable use of the subsurface.

not shown here because they didn’t have enough evidence to show that injectate had in fact migrated under their property.

Question 5

Center of the Earth Doctrines

Answer 5

Right to lateral support (land in its natural condition supported by adjacent parcels of land) and right to subajacent support (land in its natural condition supported by the earth immediately below it)