Who Owns the Air?

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Who Owns the Air?

Post by Ken Greenwald » Sun Aug 09, 2015 11:55 pm

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Ever wonder who owns the air over your house? I didn’t. Although I have thought about who owns the ground under my house, which is a big issue in Colorado. In many instances some company owns the land under your house in the form of ‘mineral rights’ and you may wake up one morning with an oil well being dug in your backyard.

Once again I lift a story from the magazine that deals in such tidbits as this, Mental Floss.
WHO OWNS THE AIR?

“For centuries whoever owned the soil owned the air above it. That principle worked well when the only dispute about airspace involved the occasional kite, but airplanes changed everything. In 1926, the agency now known as the FAA declared the air above 500 feet public domain. The FAA didn’t address the air under that mark until 1946, when a North Carolina chicken farmer named Thomas Cosby complained that military planes flying over his coops frightened his chickens to death. He sued the government, and the Supreme Court ruled that property owners own 83 feet of airspace above their homes (that’s how high airplanes were flying over Causby’s coops) [[Such generosity for the rights of the little guy]]. That left a section of the sky up for grabs: the space above 83 feet but below 500 feet. It’s still unresolved. And with drones soon to be puttering around, the debate is heating up again.”—Mental Floss, September 2015.
This issue really opens a whole can of worms. Imagine you are trying to take a snooze in the morning (perhaps you work nights), and a drone buzzes down at your neighbor’s house to deliver a salami sandwich, and at the same time your son happens to be doing some batting practice. There are going to have to be all kinds of restrictions on noise level, distance between drones, . . . It ain't goin' to be pretty.
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Ken Greenwald – August 9, 2015
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Re: Who Owns the Air?

Post by tony h » Mon Aug 10, 2015 8:39 pm

So if you put a flag pole on your house do you get the extra airspace?

A tall flagpole : https://en.wikipedia.org/wiki/Dushanbe_Flagpole
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Signature: tony

With the right context almost anything can sound appropriate.

Re: Who Owns the Air?

Post by Phil White » Mon Aug 10, 2015 10:33 pm

So when the wind blows, I am constantly owning a different slab of air? Or does the drone that invades my airspace push a little cocoon of its own air with it? Or when my dog farts and it drifts over the neighbour's fence, at what point does ownership of the air change from me (or my dog) to my neighbour?

Keannu Earmes

Ed.:

The law in the UK is delightfully vague:
The common law distinguishes between two different types of airspace. The lower and Upper stratum.
  • The lower stratum is concerned with the portion immediately above the land and interference with this air space would effect the landowner’s reasonable enjoyment of the land and the structures upon it.
Wrongful intrusions include; Overhanging branches of a neighbours trees and plants or projecting eaves or advertising signs and Booms of cranes being used for construction work on neighbouring land.
  • The Higher Stratum is something which exists above the height which is reasonably acceptable and necessary for the ordinary use and enjoyment of the land by it’s owner. The landowner has no greater rights to this airspace than any other member of the public.
S. 76 Civil Aviation Act 1982 states that ‘the lower stratum is unlikely to extend beyond an altitude of much more than 500 or 1,000 feet above roof level, this being roughly the minimum permissible distance for normal overflying by any aircraft’ (Rules of the Air Regulations 2007, Sch 1, s. 3(5)).

http://www.inbrief.co.uk/land-law/land-ownership.htm
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Non sum felix lepus

Re: Who Owns the Air?

Post by tony h » Tue Aug 11, 2015 6:01 pm

Phil White wrote: S. 76 Civil Aviation Act 1982 states that ‘the lower stratum is unlikely to extend beyond an altitude of much more than 500 or 1,000 feet above roof level, this being roughly the minimum permissible distance for normal overflying by any aircraft’ (Rules of the Air Regulations 2007, Sch 1, s. 3(5)).

http://www.inbrief.co.uk/land-law/land-ownership.htm
I have noticed a tendency for aircraft to get much closer to the ground at the end of their journey.
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With the right context almost anything can sound appropriate.

End of topic.
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