Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-01-05
REALTORS UPHOLD
AIR SALE OR LEASE.
Association Holds Land
Owners May Deal in Void
Over Their Roofs.


The owner of land owns his holdings
down to the center of the earth and
I'D to the sky, and he may sell or lease
not only the surface of his property but
ANYTHING that exists underneath 1t or
he may sell or lease the air over IT,,
the National Association of Real Estate
Boards states in its weekly article on
real estate matters. :,
1t is nothing new for people to sell
or. lease mines, oil wells or natural gas,
but 1t is something new for people 10
deal in the void over their roofs, the
association points out
I'm New York City, miles OF RAIL-
road tracks are covered with notes.
office buildings and streets" the bull
letin continues, In Chicago, expendi-
lures that bankers say will total half
billion dollars are scheduled to be made
Id buildings to be erected over the Hill
nois Central Railroad tracks. In Cleve-
land a railroad terminal building occu-
pies a certain site over which an office
building has been erected by an entirely
different owner, and, according to an
nouncement made to newspapers at the
time, was leased to building company
at an annual rental announced as
S36l,250. The owners Of the land, 1t
was explained, split up the property
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
a separate title for the air rights above
the lower zone was retained by the
owners"
General Counsel Quoted.
On what ownership of land means as
to ownership beneath the earth and
above it, the association quotes Nathan
William MacChesney, of Chicago, Its
general counsel. Gen. MacChesney
says: Land includes whatever, OF
natural origin, is growing upon 1t. The
grant of land will convey buildings and
fences without special mention, as we'll
as trees or heritage upon mines and
quarries in the ground.
minerals, in their natural location
in the earth, are part of the land and
the title to all lands and minerals be-
longs to the owner of the land unless
the one has been conveyed without the
other. Minerals may be transferred
separately but only by grant or con-
veyance as prescribed for the DISPOSE
ton of the soil itself. A conveyance of
the land, presumptively passes the min
erals below the surface. That part of
the land consisting of minerals or of
specified minerals, may be made the
subject of separate or distinct owner
ship"
In later paragraph Of the same
chapter he says further: "A tenant may
own the structures on the soil, another
person may own the surface and
third and fourth, ETC., the different
minerals beneath the surface. Thus,
distinct and separate estate may be
held by one person in the mineral or
minerals under the surface, while an
other holds an estate in fee in the
SURFACE"
But the ancient rule of the common
Law that says a property owner owns
alt that is over and beneath the land
may be modified in its strict applica-
ton by the development Of aviation
Gen. MacChesney believes.
Analogous to Water Transportation.
Before the airplane was invented,
attorneys no doubt would have said
that property owners could prevent
strangers from making use of the air
above their roofs because title was
owned to the clouds and because any
such trespassing was extremely unlike
fly.N NOW, according TO Gen. MacCheS-
ney, it is contended by some authori-
ties that navigation of the air is some
what analogous to navigation of the
water; and that even though the land
owner owns up to the sky, he holds
title to his property subject to this
right of navigation, so long as flying is
! att such height as not to injure the
property or interfere with the owners
use of it.
"In some States" says Gen. Mac
Chesney, Legislatures have enacted
laws permitting the use of airplanes
over the lands of property owners so
long as the flying is done at a height
that will not hurt the property of the
land owner; but the law on this sub
ject is in formative period and it is
altogether too early to make any def
mite predictions as to what will hap
pen In this connection when aviation is
developed further