California  |  Real Estate Law

Legal Question

Asked on: 6/15/12, 12:30 pm

Is it true that a person owns to the center of the earth under his own property and up to the heavens?

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Answered on: 6/15/12, 3:17 pm by Bryan Whipple

In a theoretical sense this is true. Hoever, if anyone ever tried to make use of his or her property to great heights or depths, he or she would quickly discover that the ownership rights are pretty much only in theory. For example, deep drilling or excavation would require difficult-to-obtain permits, and the aviation authorities have shown over and over in court that airplanes have priority over structures, etc. in most areas above customary building elevations.


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Bryan R. R. Whipple, Attorney at Law P O Box 318 Tomales, CA 94971-0318

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Answered on: 6/15/12, 4:14 pm by Timothy McCormick

In many cases the instrument or subdivision documents that created your parcel have reservations of rights also. When subdivisions are built over oil fields in Southern California, for example, the developers did not sell the oil rights with the tract homes.


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Libris Solutions - Dispute Resolution Services 201 Spear St., Suite 1100 San Francisco, CA 94105

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