How high does your property line extend above your property?

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her209

No Lifer
Oct 11, 2000
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Is it unlimited? Does it widen as you get farther from Earth since the earth is spherical?
 

thestrangebrew1

Diamond Member
Dec 7, 2011
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I would think it only goes as high as the maximum building height the zoning designation of that property is allowed, ie reseidential if the zoning is only 2 stories max, that's as high as the property line goes.

*residential, not sure wtf that spelling is about.
 
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Wreckem

Diamond Member
Sep 23, 2006
9,548
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No.

Anything that is at or above the minimum safe altitude for flight is public domain and heavily regulated by the govt. And you dont get to necessarily claim everything from the ground to that height either. It all depends on factual scenarios.
 

MixMasterTang

Diamond Member
Jul 23, 2001
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The Supreme Court ruled the air was a “public highway” and rejected Causby’s claim that his airspace had been taken from him. Justice William O. Douglas wrote, in his opinion for the majority, that the cuius est solum, eius est usque ad coelum et ad inferos doctrine and the idea that “ownership of the land extended to the periphery of the universe…has no place in the modern world. To recognize such private claims to the airspace would clog these highways, seriously interfere with their control and development in the public interest, and transfer into private ownership that to which only the public has a just claim.”

Douglas did, however, concede that “if the landowner is to have full enjoyment of the land, he must have exclusive control of the immediate reaches of the enveloping atmosphere.” He concluded that “flights so low and so frequent as to be a direct and immediate interference with the enjoyment and use of the land” did constitute a taking of the land and left it to the lower court to figure out how Causby should be rewarded.



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HeXen

Diamond Member
Dec 13, 2009
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what about below your property? can i dig 20+ feet under my neighbors house?
 

Modelworks

Lifer
Feb 22, 2007
16,240
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Most landowners in NC have no mineral rights to land they own, those are owned by the state and local governments, so if you find uranium ore you can't mine it. Above the property is limited to 1300Ft in my area for construction purposes of things like towers and buildings.
 

T_Yamamoto

Lifer
Jul 6, 2011
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Most landowners in NC have no mineral rights to land they own, those are owned by the state and local governments, so if you find uranium ore you can't mine it. Above the property is limited to 1300Ft in my area for construction purposes of things like towers and buildings.

Very true. It sucks.
 
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