| If someone owns a piece of land, do they own it all the way to the center of the earth? |
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Asked 3 years ago
by MAVERICKMEMBERSCOM  United States |
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About
One tough son of a dude with a brother!
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12 Points
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Depends on the country you live in. In the US you do not. In Malaysia you do.
Even in the U.S., it depends on what your deed says. Mineral and water rights may not transfer with the property, unless specifically enumerated. Depends on the state.
So you are saying a coal company could mine directly beneath your house and you'd have no say in the matter? That's not fair. If I buy a piece of property it should be mine all the way down.
If what you say is true but my deed says nothing about mineral or water rights, if a company finds coal in the area can they claim the rights to the coal under my house even though my deed mentions nothing about water or mineral rights? If the answer is "no" can the state force me to sell my rights to the company that wants my coal? Or should they be forced to do the equitable thing and pay me for any coal they remove from under my house, as well as a fee for use of my property to transport coal across as they remove it from beneath my neighbors' properties?
Boy, wouldn't it be great to be a lawyer and win a case against a big bullying coal company that's bullying a poor lower middle class home owner?
SOMEONE owns the mineral rights. They can then sell or lease them to anyone they want, as long as no zoning laws are violated. I actually own the mineral rights to my land, as well as the water rights. I asked before the sale was finalized. In this state, they transfer with the title unless otherwise noted.
And, living in West Virginia, I find it is not uncommon for bullying coal companies to destroy the surrounding land so thoroughly that the owner has to sell--at a loss. That's one of the benefits of mountaintop-removal mining, which is, in theory stringently regulated is, in practice, completely unrestrained. 'Benefit' is from the standpoint of the coal company, of course.
Some states do not have water rights. In Texas, for example, water belongs to no one until it is removed from the ground. This encourages slant drilling, and has resulted in a huge legal fight between Texas and New Mexico, where wells on the Texas side of the border slant under to the New Mexico side and remove water.
Much the same used to happen with oil, but the petroleum companies (many of whom practiced slant drilling at one time or another) made sure that it would be illegal everywhere, and harshly penalized.
You are correct. The matter of underground rights depend legislation. Nevertheless, who owns the magma? And why?
Beats me. I'm pretty much of the thought that you don't TRULY own ANYthing you can't carry with you at a dead run.
Very true! Although that means my tele doesn't belong to me. It took me and me mate 15 minutes to get it into my flat.
well, if the crunch comes, my bet is you would leave it behind without a second thought.
Precisely the point!
It's not often I get to refer to Heinlein twice on question from two different stories! (the ownership quip is his, too.)
Tele?
Well... here's the deal, Chip? What about the airspace above your land? Do you own that "all the way up?" Here's something interesting you should watch: http://www.ted.com/index.php/talks/larry_lessig_says_the_law_is_strangling_creativity.html
Well, I reckon you have a point; however, on the subject of airspace it is easy to see why the skies should belong to everyone. But are you saying what's under our homes should belong to everyone as well? If one person claims a right to minerals under my house, should another person be able to come along and claim a right to those minerals too? And if the answer is "no," then the first person that came along to claim the minerals under my house should have as little right as the second person who came along because I paid for the land my house is on.
If I want to build a swimming pool and I want to sell the dirt excavated when I dig a hole for the pool, it's a safe bet no one would stop me from selling my dirt. Okay. Then why should it matter to anyone if I dig 25000 millimeters or 2500 meters (or more)?
With the exception of the 1945 Supreme Court case about airspace rights your vid wasn't really related all that much, but it was a great video.
The airspace rights argument was indeed the part of the video I was referring to. The point is that what is "easy to see" now, was once a serious point of contention. ;o)
Heinlein wrote a very interesting story that hinged on how far up one owns air rights. It is called "The Man Who Sold The Moon." The protagonist buys the air rights from every country over which the moon actually passes--a band around the equator contained within the Tropics of Cancer and Capricorn, if I remember correctly. And ends up owning the Moon. This was obviously well before the first Moon landing--or first space shot of any kind. (written 194, published the following year.)
I also have always wondered if the limitations on air rights date from BEFORE or AFTER the story was published.
It was written in 1949, and the air rights controvesy was settled in 1946.
Did it only allow for air travel, or did it limit *ownership*?
I'm guessing the former.
Airspace rights are those rights one has to the air above the land he or she owns. As Justice Douglas noted in the Supreme Court's United States v. Causby opinion, common law from time immemorial had held that ownership "extended to the periphery of the universe . . . But that doctrine has no place in the modern world."
In the United States, the federal government has control over its airspace; each state has jurisdiction over its own respective airspace; and landowners enjoy airspace rights over their property. Though the landowner possesses air rights, federal law guarantees freedom of travel throughout the nation's airspace.
It does not follow, however, that the landowner has no rights where flyovers are concerned. If an aircraft generates excessive noise or flies over the landowner's airspace in an improper manner--say, strafing a farmer's barn--then the landowner certainly has legal recourse. Such violations of airspace rights constitute trespassing.
My only experience with that was as a private pilot. It is illegal to fly under 1000 feet in altitude over a populated place--except for take-off and landing, of course.
There are limits on even that, however. Helicopters have no such limits, only fixed-wing craft, as I found upon trying to register a complaint about a new traffic 'copter that apparently could find nowhere in the entire city of Oakland except right over my house to turn around. I tried to report him to the FAA for violating altitude requirements (if he was 300 feet up, I'll eat the damn copter, no salt!) and was informed that he had none, being a helicopter.
your wrong, mineral rights go along with property unless they were sold off separately.....
She's right. That's what she said. They MAY or MAY NOT go with the property.
In the U.S., you own both unless you sell it off.... and you can't sell your lot to someone without telling them....
Her POINT was that they can be sold separately. In the United States, Mineral rights, mining rights, oil rights or drilling rights, are the rights to remove minerals, oil, or sometimes water, that may be contained in and under some land. In jurisdictions that support such rights they may be separate from other rights to the land.
Right, because as a Native American I wouldn't know ANYTHING about land ripoffs--especially, being Cherokee, about MINERAL RIGHT (petroleum) ripoffs..
Wait, wait, dauguy... don't get upset. We'll make a treaty with you, so you'll be sure to have all the rights to your land. ;o)
LOL
Just give me an accounting of all the monies and lands 'held in trust' for us by the BIA--and then give me the damn money!
I'd say only down to the magma. Which is far enough for anything, wouldn't it?
If I own the property, why do I have to pay tax on it and if I don't it is no longer going to be mine--we don't own any property (dirt).
You pay taxes because you benefit from services. For example:
The County plows roads that have mail delivery here. So it plows to my mailbox, which is three miles from the nearest main road.