Legal Definitions - usque ad coelum

Usque ad coelum is a Latin phrase meaning "up to the sky." In property law, it traditionally describes the principle that a landowner's rights extend not only to the surface of their land but also to the airspace directly above it, theoretically reaching indefinitely upwards. While this principle has been significantly modified by modern laws, particularly concerning aviation and public use of airspace, it still forms the basis for certain property rights related to the immediate space above one's land.

Here are some examples illustrating the application of usque ad coelum:

• Overhanging Tree Branches: Imagine a large oak tree growing on your neighbor's property. Over many years, some of its branches have grown significantly and now extend several feet over your property line, casting shade and dropping leaves onto your yard. Under the principle of usque ad coelum, you might have the right to trim those portions of the branches that overhang your property, as they are intruding into the airspace you theoretically own above your land.

  This example illustrates how the concept grants a landowner control over the immediate airspace above their property, allowing them to address physical encroachments from adjacent properties.

• Construction Crane Intrusion: A developer is constructing a new high-rise building on a lot adjacent to a single-family home. During the construction process, a large crane frequently swings its boom and suspended materials over the homeowner's backyard, even though it never touches the ground. The homeowner could argue that this repeated intrusion into their airspace constitutes a trespass, relying on the usque ad coelum principle to assert their right to the space above their property.

  This demonstrates how the principle can be invoked to protect against temporary or non-permanent intrusions into a landowner's airspace, even if there is no direct contact with the surface.

• Air Rights for Development: In a densely populated city, a property owner wants to build a taller structure but is limited by zoning regulations on their current lot. They might purchase "air rights" from the owner of a neighboring, shorter building. This transaction effectively transfers the neighboring owner's right to build upwards (their usque ad coelum rights) to the developer, allowing the developer to construct additional stories above the neighboring building without physically occupying the neighbor's surface land.

  This example shows how the concept of owning airspace can be commodified and transferred, allowing for creative vertical development by leveraging the "up to the sky" rights of another property owner.