Define: Partes Soli

Partes Soli refers to the legal concept of ownership of land extending vertically above and below the surface. It grants the landowner rights to the airspace above their property and the minerals or resources beneath it.

While you generally have the right to use the airspace and subsurface of your property, there may be certain restrictions imposed by local zoning laws, building codes, or environmental regulations. It is advisable to consult with a legal professional to ensure compliance with all applicable regulations.

If your neighbor’s construction or structures extend into your airspace, it may constitute an encroachment. In such cases, you may have legal remedies available, such as filing a lawsuit for trespass or seeking an injunction to stop the encroachment. Consult with an attorney to understand your options.

While you generally have the right to extract minerals or resources from your property, there may be specific regulations or permits required depending on the jurisdiction and the type of extraction. It is crucial to research and comply with all applicable laws and regulations to avoid legal issues.

In some cases, it may be possible to sell or lease the airspace above your property separately from the land itself. However, this is subject to local laws and regulations, and it is advisable to consult with a legal professional to understand the specific requirements and implications.

Generally, you do not have the right to prevent aircraft from flying over your property, as airspace is regulated by federal aviation authorities. However, if an aircraft’s low-altitude flight causes substantial harm or nuisance, you may have legal recourse. Consult with an attorney to assess your specific situation.

Installing underground utilities or pipelines may require permits or approvals from relevant authorities, such as local utility companies or government agencies. It is essential to comply with all applicable regulations and obtain the necessary permissions to avoid legal complications.

As the owner of the property, you may be held liable for damages caused by activities or structures on your property, including those above or below the surface. It is crucial to maintain your property in a safe condition and take necessary precautions to prevent harm to others.

Without the explicit permission of the neighboring property owner, you generally do not have the right to access or use their airspace or subsurface. Any such use may be considered trespassing and could lead to legal consequences.

In certain circumstances, the government may exercise eminent domain to acquire private property, including the airspace or subsurface. However, this is subject to strict legal requirements, and property owners are typically entitled to just compensation. Consult with an attorney if you believe your property may be subject to eminent domain.