Friday, November 14, 2014
What Lies Beneath – Subterranean Rights and Compensation?
Landowners possess rights to both the air above and the ground below the surface of the land – cuius est solum, eius est usque ad coelum et ad inferos – loosely translated as ‘he who owns the land owns also the air above up to heaven and ground below to hell’.
Rights to the air above may be limited to such airspace as is needed for the reasonable enjoyment of the surface property below. Subterranean rights, on the other hand, have been given extensive protection by the UK Supreme Court in recent years, with implications for undergrounding cables, pipelines and drilling. To read this publication, please click here.