How Much Of Your Property Is Really Yours?

Law Articles

Owning a piece of property seems simple enough. You buy a piece of property, and that land belongs to you. You can build on it or dig down into it or do anything you want with it, right? Actually, that might or might not be true depending on what type of rights you have on the property. Here are some examples of rights you might not have thought about. 

Air Space Rights

For a long time, home ownership was considered to mean that you own the land your home is on down the core of the earth, and you own the space above your land to infinity. This was based on a Latin phrase that translates to, "for whoever owns the soil, it is theirs up to heaven and down to hell."

There are now some restrictions placed on how much of the air above your land actually belongs to you. While the owner of a property typically owns the space above the land, the property owner has no say in allowing aircraft to fly over the land. However if a low flying helicopter is causing a problem or if someone is operating a droid over your property, you may be able to do something about it. Call your city officials to see if there is an ordinance against it, or consult an attorney. 

Sometimes it is possible to actually sell the air space over your property. For example, building owners in big cities can sometimes sell the rights to the space over their building so a neighboring building can be expanded on top of it. 

Mineral Rights

How much of what is in the soil beneath your property belongs to you? That depends on whether or not you have mineral rights to your property. Sometimes builders will sell a property, including the land space, but will keep the mineral rights. This means that they have a right to drill on your property and own any oil or other resources that are found there. 

Of course your community can run utility lines and pipes under your property as well. 

You can find out if you have mineral rights to your property by consulting a real estate attorney. If you don't own mineral rights, you may be able to buy them from the company or person who does. This will entitle you drill on your own land and use any minerals, oil or natural gas that exists there. 

Water Rights

In some places, you own the rights to use any water that flows through or exists on your property. You can collect your own rain water and use water from a stream or river that runs through your property. 

In some cases, however, your community or even another person may own the rights to the water. It may be part of a community water source, or it may be protected for wild animals. It may also belong to someone else who can use it as part of an irrigation system. 

Rights to the View

Most of the time you have no claim on the view from your home. If you neighbor builds a structure that blocks your view, there is usually nothing you can do about it. 

Because a scenic view can increase a home's value, some communities are making laws about blocking the view. You may find that your community offers some protection in the form of a view ordinance. Your property may also have a view easement, which is a right to an unobstructed view. 

If you are planning to build a structure on your property that may impact a neighbor's view, you should be aware of these laws as well. 

There are several different types of rights you may or may not have as a property owner. A real estate attorney can help you understand which rights are yours and how you can best use them. If you are purchasing property, you will also want to consult with a real estate attorney from a company like Rella, Paolini & Rogers about how to ensure that you have the rights you want. 

10 March 2015