Understanding Property Ownership: Depth and Height Limits

When you own a piece of land, you might wonder how far down and up you can go legally. The answer often lies in local ordinances, building codes, and sometimes even mineral rights. This article explores the legal and practical implications of owning land and its airspace and underground resources.

Building Restrictions and Local Ordinances

Virtually any piece of land you own will fall under certain building restrictions. These restrictions are not about whether you own the sky above or the ground below. Instead, they define the limits of what can be developed in such spaces. These limits are set by local ordinances and building codes.

These regulations stipulate the permissible actions within your property boundaries, ensuring that no one can construct a bridge over or a tunnel beneath your land without permission. In some rare urban areas, 'air rights' can be sold, allowing developers to preserve a view plane and increase property values by securing that no new taller buildings will block the view.

Property Rights and Practical Use

By virtue of your property rights, you have the authority to control what anyone else can do with your land. For instance, a developer would require permission to build a structure over your parcel. However, if you own both the land and all the mineral rights in the United States, everything below the ground belongs to you.

In practical terms, you have the right to use your land and its zoning. If you bought a residential property, you could excavate as deeply as necessary to build an approved residence, provided that it complies with zoning and building codes. For a business or industrial application, practical use determines the depth limits, with limits set by the practical operation needs. For example, if you were approved to operate a gravel pit, depth limitations would likely be based on practical operational needs.

Legal Considerations and Practical Depth

The depth to which you can excavate or drill depends largely on the legal purchase of mineral or oil rights. You can dig deep enough for a basement or drill deep enough for a water well. However, there may be specific legal limits. For example, some oil well drillers have effectively withdrawn oil by slanting well-digging equipment from land not directly below that which they own, exercising legal need to utilize their property as required.

If you need detailed legal information, consulting a legal advisor or visiting a reliable legal website is advisable.