CHAPTER 3 - J. Duong Real Estate CHAPTER 3 SCOPE OF REAL...

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CHAPTER 3 SCOPE OF REAL PROPERTY I. Rights to the Sky A. Air Travel 1. “ad coelum” traditional principle is hard to apply to modern times of ownership of the air and heavens 2. Nuisance theory applies today, where an unreasonable interference with the use and enjoyment of land, to determine the owner’s rights 3. Land owner owns the air above his/her land as he can use or in connection with the land 4. County liable for flights within navigable airspace that interferes with the use of the land of the owner B. Sale of Air Rights 1. The air vertical to the land is owned by that land owner 2. The owner of air rights may sever and sell the rights separately from the surface of the real estate 3. Unit of airspace may be described by any of the following means: a. A subdivision plat of air lots, each of which is numbered b. A survey that shows the dimensions of each unit with reference to the boundaries of the land c. A survey that utilizes a floor plan that shows the location of each unit 4. Transferable Development Right (TRD)- Property owners can transfer their air rights to others to use, also used to preserve historical landmarks and low-income housing 5. Air and water should be defined as property rights so they could be allocated efficiently, according to Richard Sandor C. Outer Space 1. Space is owned by no country 2. No agreement on where a country’s airspace ends and where outer space begins II. Rights to Depth A. Courts generally agree that it is a trespass to enter another person’s property beneath the surface 1. However, the ownership of the depth of the soil is limited to the extent to which the owner of the soil may reasonably make use of 2. Therefore a pipeline 500 feet below would be legal, because it does not interfere with the land owner’s depth of soil 3. Separate sale of oil, gas, and other minerals that are underground can be purchased
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This note was uploaded on 04/04/2008 for the course BUSI 127 taught by Professor Dhooge during the Fall '07 term at Pacific.

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CHAPTER 3 - J. Duong Real Estate CHAPTER 3 SCOPE OF REAL...

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