An airline flies commercial jets at 35,000 feet over residential properties. A homeowner claims the airline is trespassing on her air rights. Is the homeowner's claim likely to succeed?
Correct Answer
A) No, because navigable airspace is regulated by the federal government and is not owned by surface landowners
The federal government controls navigable airspace. After United States v. Causby, courts have recognized that air rights extend only to the airspace a landowner can reasonably use and enjoy, not infinitely upward. Commercial flights at standard altitudes do not constitute trespass.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
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