Legal Definitions - airspace

In legal terms, airspace refers to the space that extends upwards from the surface of land. For a property owner, this generally means the portion of the air above their land that is necessary for them to reasonably use and enjoy their property.

• Example 1 (General Airspace): Imagine a homeowner who wants to build a tall, multi-story addition to their house. The ability to construct this addition relies on their right to utilize the airspace directly above their property. As long as the structure complies with local zoning laws and doesn't interfere with established flight paths, they are generally entitled to build within that reasonable vertical space.
  This illustrates how a property owner's rights extend into the air above their land, allowing them to make reasonable use of that space for construction or other purposes.
• Example 2 (General Airspace): A neighbor flies a drone directly over your backyard at a low altitude every day, causing a disturbance. While the drone is not physically touching your property, its persistent presence in the airspace immediately above your land might be considered an unreasonable interference with your enjoyment of your property, potentially leading to a legal dispute.
  This demonstrates that even without physical trespass, activities within the lower portions of one's airspace can infringe upon property rights if they are unreasonable or disruptive.

Within the broader concept of airspace, there are specific categories:

National Airspace refers to the entire column of air above a nation's territory, including its land, internal waters, and territorial sea. A country has complete and exclusive control over its national airspace, meaning foreign aircraft generally do not have an automatic right to pass through it without permission.

• Example 1 (National Airspace): A commercial airline flight from London to Tokyo needs to fly over several European countries. The airline must obtain permission or follow established international agreements to traverse the national airspace of each country along its route, as each nation maintains full sovereignty over the air above its territory.
  This highlights that a country's control over its national airspace means foreign entities, even commercial airlines, must seek authorization to enter or pass through it.
• Example 2 (National Airspace): During a time of heightened security, a country might declare a "no-fly zone" over a specific region within its borders. This means no aircraft, domestic or foreign, is permitted to enter that designated national airspace without explicit authorization, demonstrating the nation's absolute authority to regulate its skies for security purposes.
  This illustrates a nation's exclusive power to restrict access to its national airspace to protect its security or other interests.

Navigable Airspace is the portion of the airspace above a certain minimum altitude that is legally designated for aircraft flight, including the areas needed for safe takeoffs and landings. This is the space where aircraft can operate safely and legally, subject to regulations.

• Example 1 (Navigable Airspace): An air traffic controller guides a passenger jet flying at 35,000 feet. This altitude is well within the navigable airspace, which is regulated to ensure safe separation between aircraft and prevent collisions.
  This shows that navigable airspace is the regulated domain where aircraft are expected to operate, with rules in place to manage their movement.
• Example 2 (Navigable Airspace): A hobbyist drone operator is prohibited from flying their drone above 400 feet or within a certain radius of an airport. These restrictions are in place to prevent interference with aircraft operating in the higher, regulated navigable airspace and the critical areas around airports used for takeoffs and landings.
  This demonstrates that navigable airspace has defined boundaries and rules to protect the safety of all aircraft, from large commercial planes to smaller drones, especially near airports.