Show S Titles to Land of Wide Extension Realtors OWNERS A ABLE lf T TO ClAIM BOTH 8 IH AIR S Holdings Extend to Cen- Cen c S ter of Earth and Up t Into Sky r S The owner of ot land owns his holdIngs hold- hold Ings down to the tho center of the earth th S ana nn 11 up to the ky and he may sell I or gr Ir lease ease not only the surface of or hi his hi hisS S property perty but anything that t Ut It It or he be may sell Belt or the air over It It points point out the Oaf theS S NaU As of ot neal Heal Estate Itata Laitis 1 In lt Its le leMon on on real estate matters mattere S Jf J nothing new for tu to nor lease leue mines on oil wella wells or natural nat nat- ural l eras gu but It Is 18 something neWt new t e to deal In the void over tb r roofs the association points point out JI In a n. dl discussion of oC what you own when you OU own a 1 piece of real es es- es t. t tate tco In InN New York City miles mile of ot rail mit- JW rood riA tracks are arc covered erel with hotel hotels orrt buildings and streets tr t. t In expenditures that bankers banker nay will total half halt a billion dollars a nr a scheduled to be made In building build build- ing hi to be erected over the Illinois C Central t railroad tracks In Cleveland Cleveland Cleve Cleve- land a R. railroad terminal building occupies a n. certain site An office building has been erected d on to toof tOI of ot tho the terminal by an entirely l dIfferent dIf dlf ferent owner and according to a ai an Announcement made to newspaper newspapers a aLtho tho time was leased l to a build Ina company at an annual renta rental announced as 50 The rhe owner owners ot of tho the land Jand it was wag was explained explained split up p the property into two zones divided di dl dl- dl vided horizontally tho the tot top of the thi lower zone being In effect the top tor tolof ot of the terminal ceiling Title t tc to the lower zone was given by tholand tin tho land owners to the terminal company com corn pen pany and a separate lIe title for tor the ali air rights above o the lower ver zone was wa retained by the owners AIR RIGHTS' RIGHTS LEASES S TIlls This trend of using the air that thai thatis is Js expected to change tho appearance of ot Industrial centers future may also change the thep p of ot residential areas II lid Id homo horno owners ever come Into c that mUke It lus Us for them to exercise their fun full rights in tho the air above V r dwellings is conceivable to picture the thc tf lN wl fl v of ot a n. family In crowded ternat tern tern- at some time time- In tho the future I leasing n the air rights over his hist r t and ami his radish patch for hangar or on even en for a ac arler c tel grocery store stone lence 11 what ownership of ot land means a ownership beneath tho the earth I above o It it tho association quotes han William Ma Ch g of Qt go its Hs general co counsel fl h his volume Principles of ot Real foal I Ihan Eato tato Law General MacChesney S J Land Includes whatever of oC n iral rol origin Is growing gro upon it t grant of or land wIlt will ey cOl convey bundI build build- I hk and fences without special as ns well as trees or herbage 1 un fn n mines ana quarries in tho luon Ind nd Minerals In their natural location loca loca- I tion In the earth are arc a part of or the tho theal thola la tri al and the title to al all lands and andIn In minerals belongs belong to the tho owner of the land and unless the one has been without the other MIn MIn- etI ma may be e transferred separately but only by a a. grant rant or conveyance n prescribed n for the disposition of ot soll soU itself A conveyance of or the presumptively passes s the minerals min mm- lAI below tho the surface That part pant o 0 othe he land consisting of minerals specified minerals may be bem maae zno m Olt 0 tho the subject of or separate or pr d net ownership D DOUBLE UBLE OWNERSHIP Ji Tn a no later paragraph of nf the same en tel ter- he sa says further A tenant I own the structures on the soil it ther person p may own the surface surf e ea a a a. third and fourth etc dc the I I minerals als beneath the sur- sur fa r. r Thus a n distinct and separate tl e ito to may be holo heki by one person I i he 10 mineral or minerals under I white while hile another holds an anIn anin o In fee In the tho th surface I ut it t tho ancient rule of or common I 1 v. v that says sas a a. property owner 0 os is S all aU that I is 0 over and beneath I It I t land may be modified in Its by bythe the tho develop- develop hi mt 51 t tot of aviation points out General 1 J roro the airplane was Invented no d doubt would have havo said I It t property owne owners s could prevent strangers from Crom making U use or of the of-the the ho nl boe their roofs because title was owned to the clouds and bee be- be raSie ea e any such audi trespassing was ex- ex iely unlikely Now ow according t MacChesney It Is cont con- con t led ed by some authorities that n of ot the air Is somewhat nJ logons to navigation oC or the tho va- va and that even e n though the land landSer landWer o tl Ser er owns up t tt to the sk sky he ho holds hold tl to tIto Jq to his property subject to this right of ot navigation na so long as fly fly- In ls at such hei height ht as not to in- in j the prop property ty or Interfere with Ith use of ot it states General ln n somo some says r Chesney Chesne the k legislatures have c cn enacted laws saws permitting the tIm use of a aIlanes tanes over the l. of f f property f o ers so long loaF as the n flying ln Is done donea a aa height that will not hurt the of the land owner o but the On this subject Is In a Do forn period and it ft Is altogether too early any definite predictions as ast t hat will vill m hn happen pen In this connection connection tion ion when aviation Is elo de developed ed S II gS 5 S point Out |