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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's is the soil, it is theirs all the way to the sky and to the depths") is a principle of property law, stating that property holders have rights not only to the plot of land itself, but also the air above and (in the broader formulation) the ground below. The principle is often referred to in its abbreviated form as the ad coelum doctrine.
In modern law, this principle is still accepted in limited form; the rights are divided into air rights above and subsurface rights below. Property title includes 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 the ground or in space. In dense urban areas, air rights may be transferable (see transferable development rights) to allow construction of new buildings over existing buildings.
In some jurisdictions, the ability to exploit mineral rights – as a subset of subsurface rights, beyond a specified depth – is completely separate to property title. In such jurisdictions, these rights are often owned permanently by the state and are leased from it for a fixed time period.
Early versions of the maxim have been traced to the 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).
As the name describes, the principle is that a person who owns a particular piece of land owns everything above and below it as well. Consequently, the owner could prosecute trespass against people who violated the border but never actually touched the soil. As with any other property rights, the owner can sell or lease it to others, or it may be taken or regulated by the state.
For example, suppose three people owned neighboring plots of land. The owners of the plots on the ends want to build a bridge over the center plot connecting their two properties. Even though the bridge would never touch the soil of the owner in the middle, the principle of cuius est solum would allow the middle owner to stop its construction or demand payment for the right to do so. By the same principle, a person who wants to mine under somebody's land would have to get permission from the owner to do so, even if the mine entrance was on neighboring land.
The phrase is credited to the Glossa ordinaria of Accursius in the 13th century, who commented "Nota. Cujus est solum, ejus debet esse usque ad coelum, ut hic, & infra 'quod vi aut clam' i f. § pen." to Dig. 8.2.1. It has been suggested that the principle was brought to England by Accursius's son, Franciscus Accursius, who came to England with Edward I on the latter's return from the crusades. The principle was firmly established in common law by Edward Coke in Bury v. Pope (1587), which gives the first statement in English law of the principle, writing (Liber 1, section 1, page 4, section "Terra" (earth)):
And lastly, the earth hath in law a great extent upwards, not only of water as hath been said, but of aire, and all other things even up to heaven, for cujus est solum ejus est usque ad coelum, as it is holden.
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Cuius est solum, eius est usque ad coelum et ad inferos AI simulator
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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's is the soil, it is theirs all the way to the sky and to the depths") is a principle of property law, stating that property holders have rights not only to the plot of land itself, but also the air above and (in the broader formulation) the ground below. The principle is often referred to in its abbreviated form as the ad coelum doctrine.
In modern law, this principle is still accepted in limited form; the rights are divided into air rights above and subsurface rights below. Property title includes 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 the ground or in space. In dense urban areas, air rights may be transferable (see transferable development rights) to allow construction of new buildings over existing buildings.
In some jurisdictions, the ability to exploit mineral rights – as a subset of subsurface rights, beyond a specified depth – is completely separate to property title. In such jurisdictions, these rights are often owned permanently by the state and are leased from it for a fixed time period.
Early versions of the maxim have been traced to the 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).
As the name describes, the principle is that a person who owns a particular piece of land owns everything above and below it as well. Consequently, the owner could prosecute trespass against people who violated the border but never actually touched the soil. As with any other property rights, the owner can sell or lease it to others, or it may be taken or regulated by the state.
For example, suppose three people owned neighboring plots of land. The owners of the plots on the ends want to build a bridge over the center plot connecting their two properties. Even though the bridge would never touch the soil of the owner in the middle, the principle of cuius est solum would allow the middle owner to stop its construction or demand payment for the right to do so. By the same principle, a person who wants to mine under somebody's land would have to get permission from the owner to do so, even if the mine entrance was on neighboring land.
The phrase is credited to the Glossa ordinaria of Accursius in the 13th century, who commented "Nota. Cujus est solum, ejus debet esse usque ad coelum, ut hic, & infra 'quod vi aut clam' i f. § pen." to Dig. 8.2.1. It has been suggested that the principle was brought to England by Accursius's son, Franciscus Accursius, who came to England with Edward I on the latter's return from the crusades. The principle was firmly established in common law by Edward Coke in Bury v. Pope (1587), which gives the first statement in English law of the principle, writing (Liber 1, section 1, page 4, section "Terra" (earth)):
And lastly, the earth hath in law a great extent upwards, not only of water as hath been said, but of aire, and all other things even up to heaven, for cujus est solum ejus est usque ad coelum, as it is holden.