Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-12-30

tiOnal Association OF feai Lo1al0
Boards TO be published weekly IN
this newspaper for the informa-
tion OF its readers on i-al estate
matters.
The owner of land Owls his hold
ings down to the center Of the earth
and up to the sky and he may sell or
lease, not only the surface Of lis
property but anything that exists
underneath il or he may sell or
lease the air over il, points out the
National Association Of Real Estate
Boards in it's weekly lesson on real
estate matters.
IL Is nothing new for people to sell
or lease mines. oil wells, Dr. nat
ural gas but il is something new for
people to deal in the Void over their
roofs. the association points out in
n discussion Of what you may w
when you OWE a piece Of real es-
tate.
In New York City, miles Of rail-
road tracks are covered with hotel,
office buildings and streets. In Chi
x expenditures that bankers say
will total a half N billion dollars
are scheduled to be made in build
ings to be erected over the Illinois
Central railroad tracks. In Cleve-
land, a railroad terminal building
occupies a certain site. An office
building has been erected on top Of
the terminal by an entirely differ
ent owner, and, according to an an
nouncement made to newspapers at
the time, was leased to a building
company at an annual rental amount
ing to S341. 250. The Of the
land, il was explained, split the
property up into two zones divided
horizontally, the. top Of the lower
zone being in effect The top OF the
terminal ceiling. Title TO the lower
zone was given by the land owners
to the terminal company, and n
separate title for the air rights
above the lower zone was retained
by the owners.
Air Leases Loom
This trend OF using the air, that
Is confidently expected to change the
appearance OF industrial centers in
the future. may also change the per-
spective Of residential areas, should
home owners ever come into condi-
lions that make ID advantageous for
them to exercise their full owner
ship rights in the air above their
dwellings.
It Is conceivable to picture the
head Of a family in crowded terri
tories at some time in the future
leasing the "air rights" over his
residence and his radish patch for
an airplane hangar or even for a cor
ner grocery store.
On what ownership Of land means
as to ownership beneath the earth
and above il the association quotes
Nathan William MacChesney, OF
Chicago. its general counsel.
In his volume principles OF Zeal
Estate Law" General MacChesney
says: Gland includes whatever, Of
natural origin. is growing upon II.
The grant of land will convey build
ings and fences without special men
ton, as we'll as trees or heritage
upon mines and quarries in the
ground.
minerals, IN their natural locs-
ton in the earth, are a part OF the
land and the title TO all lands and
minerals belongs to the owner OF
the land unless the one has been
conveyed without the other. Minerals
may be transferred separately but
only by n grant or conveyance as
prescribed for the disposition Of the
soil itself. A conveyance Of the
land presumptively passes the min
erals below the surface. That part
~ the land consisting OF minerals or
OF specified minerals, may be made
the subject Of separate or distinct
ownership.
In a later paragraph Of the same
chapter he says further: "A tenant
may own the structures on the soil,
another person may " the sur
face and a third and fourth, etc, the
different minerals beneath the sur
face. Thus. q distinct and separate
estate may be held by n person in
the mineral or minerals under the
surface. while another holds an es-
tate in fee in the surface"
Aviation Problem
But the ancient rule of the COM
mon law that says a property owner
owns all that is yer and beneath
the land may be modified in its
strict application by the develop
ment Of aviation, points out Gen.
eral MacChesney.
Before the airplane was invented,
attorneys no d5ubt would have said
that property owners could prevent
strangers from making use Of the
air above their roofs because title
was owned 70 the clouds and because
any such t%respassing was extremely
unlikely. Now according TO General
MacChesney. IL is contended by some
authorities that navigation OF the air
is somewhat analogous TO navigation
of the water; and that wen though
the land owner owns up 10 the sky.
he holds title to his property sub
ject to this right Of navigation, SO
long as flying is at such height as
not 10 injure the property or inter-
fere with the owners use OF IL.
am some states" says General
MacChesney, "the legislatures have
enacted laws permitting the use Of
airplanes over the lands OF property
owners SO long ms the flying is
done ut n height that will not hurt
the property of the land owner; but
the law on this subject Is in a form
alive period and IL is altogether too
early TO make any definite predic-
tions rs to what will happen in this
connection wwhen aviation IS de-
r-Am-t