|
''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 Heaven and all the way to hell")〔''Jackson Mun. Airport Auth. v. Evans'', 191 So. 2d 126, 128 (Miss. 1966) (transcribing doctrine as "ad inferos"); Samantha J. Hepburn, ''Ownership Models for Geological Sequestration: A Comparison of the Emergent Regulatory Models in Australia & the United States'', 44 10310, 10313 (2014) (translating phrase as "whoever owns () soil, () is theirs all the way () to Heaven and () to Hell") (internal quotation marks omitted)〕 or ''cuius est solum, eius est usque ad coelum et ad infernos'' (Latin for "whoever's is the soil, it is theirs all the way to Heaven and all the way to the depths below")〔Dominic Roughton, Rights (& Wrongs) of Capture: ''International Law & the Implications of the Guyana/Duriname Arbitration'', 26 374, 383 (2008) (translating "ad infernos" as "the depths below")〕 is a principle of property law, stating that property holders have rights not only to the plot of land itself, but also to 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.〔''Hinman v. Pac. Air Lines Transp. Corp.'', 84 F.2d 755, 757 (9th Cir. 1936) (noting that "the ad coelum doctrine does not apply in California")〕 In modern law, this principle is still accepted in limited form, and the rights are divided into air rights above and subsurface rights below. Property holders generally have a right 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 their property, or subway construction below. In dense urban areas, air rights may be transferable (see transferable development rights) to allow construction of new buildings over existing buildings. 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); see origins, below, for details. This article primarily discusses the applications to air rights. == Applications == 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. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Cuius est solum, eius est usque ad coelum et ad inferos」の詳細全文を読む スポンサード リンク
|