Cuius est solum, eius est usque ad coelum et ad inferos

At common law, property owners held title to all resources located above, below, or upon their land

Cuius est solum, eius est usque ad coelum et ad inferos (Latin for "whoever's is the soil, it is theirs all the way to Heaven and all the way to Hell")[1] is a principle of property law, stating that property holders have rights not only to the plot of land itself, but also the air above and (in the broader formulation) the ground below. The principle is often referred to in its abbreviated form as the ad coelum doctrine.[2]

In modern law, this principle is still accepted in limited form; the rights are divided into air rights above and subsurface rights below. Property title includes to the space immediately above and below the ground – preventing overhanging parts of neighboring buildings – but do not have rights to control flights far above the ground or in space. In dense urban areas, air rights may be transferable (see transferable development rights) to allow construction of new buildings over existing buildings.

In some jurisdictions, the ability to exploit mineral rights – as a subset of subsurface rights, beyond a specified depth – is completely separate to property title. In such jurisdictions, these rights are often owned permanently by the state and are leased from it for a fixed time period.

Early versions of the maxim have been traced to the 13th-century Italian jurist Accursius, and is said to date in common law to the time of Edward I. It was more recently promulgated, in broad form (air above and ground below) by William Blackstone in his influential treatise Commentaries on the Laws of England (1766).

  1. ^ Jackson Mun. Airport Auth. v. Evans, 191 So. 2d 126, 128 (Miss. 1966) (transcribing doctrine as "ad inferos"); Samantha J. Hepburn, Ownership Models for Geological Sequestration: A Comparison of the Emergent Regulatory Models in Australia & the United States, 44 Envtl. L. Rep. News & Analysis 10310, 10313 (2014) (translating phrase as "whoever owns [the] soil, [it] is theirs all the way [up] to Heaven and [down] to Hell") (internal quotation marks omitted)
  2. ^ Hinman v. Pac. Air Lines Transp. Corp., 84 F.2d 755, 757 (9th Cir. 1936) (noting that "the ad coelum doctrine does not apply in California")