A big deal for some of us western land users

Timber Hole

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That is a crazy map. And I've seen similar maps come up in the context of water access. While I think it's a travesty and I understand where most of you guys are coming out on this, I have to say I side with the property owner. If I own real property, I typically also own the air rights (eg, think about someone constantly sending drones over your house). If someone feels like they can trespass my property without my permission anytime they think they have a good reason, that's a violation of my property rights. In that context, I don't really care what the trespasser wants or thinks is "fair."

With all due respect, if a hunter can't access federal land because of my property, why is that my problem? Should I also be forced to let someone use my land because it would save them an hour of travel time or because the hunting is better on my property?

I am a huge advocate for property rights. That said, you do not own the air above your property. If you did you would be able control whether airplanes can fly over your property. You can’t. I agree that drones suck for a variety of reasons but you still do not own the air.
 

salthunter

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I am a huge advocate for property rights. That said, you do not own the air above your property. If you did you would be able control whether airplanes can fly over your property. You can’t. I agree that drones suck for a variety of reasons but you still do not own the air.
And in many states whats in the ground below you, minerals and water, oil
 

politely

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The problem with the trespass laws and a lot of the Western mentality If you keep people away or off of it long enough it becomes yours

I think that's a fair point, and I agree with you that is also a form of trespass, and a consequence of people not respecting the property rights of others, but is complicated by the rules on adverse possession. Anyway, I don't have good answers to historical usurpations, but as a property purchaser, simply speaking, I think I should be able to rely on what was recorded at the local registrar / survey / title search at the time I bought my property.

I am a huge advocate for property rights. That said, you do not own the air above your property. If you did you would be able control whether airplanes can fly over your property. You can’t. I agree that drones suck for a variety of reasons but you still do not own the air.

I'm not an expert, but I believe you do own the air rights, with an easement for navigable airspace (FAA). However, there is probably some altitudinal limit - I'm guessing you don't own the entire galactic slice above your property. In a slightly different context, typically big cities, I am certain that air rights are bought and sold on a regular basis.

And in many states whats in the ground below you, minerals and water, oil

Again, not an expert, but I think it depends on what was conveyed with the title. And like with air, I suspect there is probably some depth limit - I'm guessing you don't own to the other side of the planet - which, by the way, apparently is not China, but somewhere in the Indian Ocean.
 

Grif

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I can only follow you guys to a degree, because I just don't have the background on it. But I'll tell you this....air rights, regarding drones, will soon become a big 4th Amendment Issue. Watch and see.
 

salthunter

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