Legal Definitions - de coelo usque ad inferos

The Latin phrase de coelo usque ad inferos translates literally to "from heaven to the center of the earth."

In legal terms, this phrase represents a traditional common-law principle that historically described the extensive scope of real property ownership. It suggested that a landowner's rights were not limited to the surface of their property but extended indefinitely upwards into the airspace above and downwards into the earth below, all the way to the planet's core.

While this maxim provided a foundational understanding of property rights, modern law has introduced significant limitations and complexities, particularly concerning air travel, mineral rights, and subsurface utility easements. However, the underlying concept still influences how property boundaries and ownership disputes are considered.

Here are some examples illustrating the historical application and modern implications of this principle:

• Airspace Rights: Imagine a homeowner, Ms. Chen, who wants to build a very tall, decorative tower on her property that extends significantly high into the sky. Her neighbor, Mr. Davies, complains that the tower intrudes on his "airspace" and blocks his view. Historically, under the principle of de coelo usque ad inferos, Ms. Chen would have a strong argument that her property rights extend upwards, allowing her to build within her vertical column of space. However, modern zoning ordinances, building codes, and aviation laws now place restrictions on how high one can build, demonstrating how this traditional maxim has been adapted by contemporary regulations.

• Subsurface Resources: Consider a rancher, Mr. Rodriguez, who owns a large plot of land. During an excavation for a new well, his workers discover a significant deposit of a valuable mineral deep beneath the surface. Based on the principle of de coelo usque ad inferos, Mr. Rodriguez would traditionally be considered the owner of these minerals because his property rights extend downwards into the earth. In many jurisdictions today, while surface ownership is clear, mineral rights can be complex and sometimes owned separately or by the state, illustrating a modern carve-out from the absolute application of this ancient maxim.

• Underground Encroachment: Suppose a commercial developer plans to construct a new building with an extensive underground parking garage. The design shows that a small portion of the garage's foundation would extend several feet beneath the boundary line into the adjacent property owned by a small business, "The Corner Cafe." The owner of The Corner Cafe could invoke the principle of de coelo usque ad inferos to assert their ownership of the subsurface land beneath their property, arguing that the developer's garage would be an illegal encroachment on their property rights, even if it's entirely underground and out of sight.