Maxim 5.2.2
Whose is the soil, his it is even to the sky above and to the depths below.
Cujus est solum, ejus est usque ad coelum et ad inferos.
Source: Co. Litt. 4a; Wharton, Legal Maxims, Max. 24; Broom, Max. 395; 2 Bl. Comm. 18; 9 Co. 54; C.L.M.; Weisman, 70f
Difficulty 2/5 — Approachable
Explanation
The owner of land owns everything above and below it to an indefinite extent — the surface is merely the midpoint of his dominion.
Where this applies
- Does my deed include the pond on my property?
- My neighbor says the marshy area between our properties doesn't belong to either of us.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 5.2.2 — Whose is the soil, his it is even to the sky above and to the depths below. — Co. Litt. 4a; Wharton, Legal Maxims, Max. 24; Broom, Max. 395; 2 Bl. Comm. 18; 9 Co. 54; C.L.M.; Weisman, 70f (Cujus est solum, ejus est usque ad coelum et ad inferos.)
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