Cujus est solum, ejus est usque ad coelum et ad inferos - Definition / Legal Terminology - Income Tax

Maxim: cujus est solum, ejus est usque ad coelum et ad inferos The general rule in England was that the rights of an owner of land extended to everything in, on, or over land. The position has been explained in Megarry Wade on The Law of Real Property304: There is an ancient maxim: cujus est solum, ejus est usque ad coelum et ad inferos, meaning that the owner of the soil is presumed to own everything up to the sky and down to the centre of the earth. It has been criticized, but it is a presumption that remains firmly part of English law encapsulating, in simple language, a proposition of law which has commanded general acceptance. Above the surface, the development of powered flight has made it impossible to apply the presumption literally. An owner s rights in the airspace above the land extend only to such height as is necessary for the ordinary use and enjoyment of the land and structures upon it. As regards right beneath the surface, the maxim applies and the owner is presumed to own the minerals beneath. For practical purposes the rights downwards are unlimited. An owner can divide the land horizontally or in any other way. He or she can dispose of minerals under the surface, or top floor of a building, so as to make them separate properties. But unless some contrary intention is shown a grant will normally pass the owner s whole interest in space above and below the land, so that, for example, a lease will give the tenant the right to the airspace above the land let. MINERAL AREA DEVELOPMENT AUTHORITY ANR. VERSUS M/S STEEL AUTHORITY OF INDIA ANR ETC. - 2024 (7) TMI 1390 - SUPREME COURT (LB)