this got me wondering in a different direction - air access: do I own the airspace over my property? how high up? to the tops of the trees? could a helicopter hover inches above my yard and claim it's not on my property?
A real estate appriaser once told me when you buy real estate you buy a "bundle" of rights.
Mineral (ground) rights
i.e. The subway system can go right beneath property you own, but cannot disturb your property, come high enough to damage your wells, septic etc.
you dont own an infinite amount of air above your property, but if a local airport wants to allow low aircraft flights paths right above you, and this condition didnt exist when you bought the property they may purchase a noise easement to reflect that they have diminished your "bundle of rights" when they begin such operations.
Last edited by mitchell; Jul 17, 2012 at 07:52 PM.