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Tractor Talk Discussion Board

Re: How much do you own - air above your land


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Posted by MarkB_MI on July 29, 2015 at 16:01:05 from (70.194.30.104):

In Reply to: How much do you own - air above your land posted by dhermesc on July 29, 2015 at 06:05:07:

You won't find any vertical dimensions on a deed, since it gives you title only to the surface of the land. (You may or may not have mineral rights.) Local and federal laws may restrict how high you can build structures on your property, but that in no way implies ownership below those elevations. Likewise with deed restrictions.

You can, however, grant an easement to the space above your land. This happens frequently when someone wants to put up solar panels on their property and needs assurances that his neighbor won't obstruct his view of the sun.

As for the supposed requirement that planes stay at least 500 feet above ground level, that regulation doesn't exist. (It would be mighty hard to land a plane without breaking such a rule.) The actual regulation, FAR 91.119, only requires pilots to stay 500 feet away from buildings, vehicles and people. If you're at ten feet AGL and there isn't anything within 500 feet of you, you're good.


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