What do the concepts of subsurface, vertical air, and surface rights refer to?

The concepts of subsurface, vertical air, and surface rights refer to different types of ownership retention in real property. These rights delineate the extent and limitations of ownership for a particular parcel of land.

Subsurface rights confer ownership of resources found below the surface of the land, such as minerals, oil, and gas. Vertical air rights pertain to the space above the land, allowing landowners to control the use of airspace, which can be particularly relevant in urban settings for construction and development. Surface rights cover the land itself, granting the owner the ability to use and develop the surface of the property.

Understanding these distinctions is essential for comprehending land ownership, as they can significantly affect property value and usage. For instance, a landowner may own the surface rights but not the subsurface rights, which can lead to situations where external parties exploit the underground resources without the surface owner’s consent.

Other options like property classification, land use agreements, or encroachments do not accurately capture the essence of these rights, as they focus more on how land is categorized, utilized, or issues stemming from properties crossing boundary lines, rather than on the fundamental aspects of ownership related to different layers and spaces of the property.