How deep does property go? Does someone have to gain my consent to dig a tunnel say 50 feet under my home or is a certain depth considered open to anyone? Do mining companys have to get a special permit to dig how deep they do?
Cujus est solum, ejus est usque ad coelum et ad infernos, that is, the owner of land owns up to the sky and down to the center of the earth.
Rights in practice are often a different story. For instance, title may not include mineral rights so you may have to grant an easment to the owner for reasonable compensation.
I seem to remember reading about this very subject quite recently - a duplicate thread perhaps?
Apparently, the right quoted above began to have holes pecked out of it by various governments about the turn of last century. This coincides roughly with the building of subways, road tunnels, and the development of aircraft. So, no, you can’t charge a toll on that subway under your home, or charge airlines for using the air space over your little square of dirt. Damn, some things are too good to last.
It would depend on the property deed, duh.
Title to a parcel of property includes all the air rights and all the underground rights that a person can REASONABLY make use of, absent exceptions in the deed to mineral rights or otherwise. In places where coal and/or other minerals are common, there will be two titles to the same parcel: the surface rights (which extend upward a reasonable distance) and the mineral rights.
Different states differ on the justification for airplanes, jets, etc. flying above your land. Some states say you own title just to the extent that you can make reasonable use. Others say that aircraft, etc. have an implied easement. Air rights, of course, is the way that condominiums are subdivided. Maybe in the future, we will build downwards and have subterranean rights.
Cecil on what’s overhead: Can I declare a “no-flight zone” over my house?
Other info: Land Rights and Takings