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Real Property • Natural Rights
PROP#230
Legal Definition
An owner of real property generally has the exclusive right to use and possess the surface, airspace, and soil of the property.
Plain English Explanation
Owning real property doesn't just mean you have the right to the surface of the land. Imagine an invisible wall that surrounds your border, which extends beneath the ground and into the sky. That volume of space is what a real property owner actually owns under natural rights. Note that there are many modern laws that put limitations on how far into the sky or ground a person owns.
This is also why you may have learned in tort law that someone can trespass on property by throwing a baseball over the property, even if it never touches the land itself. The air above the land is equally owned by the property owner.
This is also why you may have learned in tort law that someone can trespass on property by throwing a baseball over the property, even if it never touches the land itself. The air above the land is equally owned by the property owner.
Visual Aids
Related Concepts
In assessing groundwater rights, what is the absolute ownership doctrine?
In assessing groundwater rights, what is the appropriative rights doctrine?
In assessing groundwater rights, what is the correlative rights doctrine?
In assessing groundwater rights, what is the reasonable use doctrine?
In assessing groundwater rights, what is the restatement approach?
In assessing rights of streams, rivers, and lakes, what is the prior appropriation doctrine?
In assessing rights related to groundwater, what are the 4 doctrines to consider?
In assessing the rights of surface water use, what is the common enemy theory?
In assessing the rights of surface water use, what is the natural flow theory?
In assessing the rights of surface water use, what is the reasonable use theory?
In assessing water rights under the riparian doctrine, what is the natural flow theory?
In assessing water rights under the riparian doctrine, what is the reasonable use theory?
In assessing water rights under the riparian doctrine, which type of use prevails?
What is lateral support?
What is subjacent support?
What is the general rule for use of surface water on a property owner's land?
What is the riparian doctrine?
