It is some consolation to know that the movement in this direction is not thus far widespread. Moreover it is more than probable that the competition for business will eventually induce the companies to act more liberally toward aviators, especially as the art of aviation advances.
CHAPTER XIX. LAW OF THE AIRSHIP.
Successful aviation has evoked some peculiar things in the way of legal action and interpretation of the law.
It is well understood that a man's property cannot be used without his consent. This is an old established principle in common law which holds good today.
The limits of a man's property lines, however, have not been so well understood by laymen. According to eminent legal authorities such as Blackstone, Littleton and Coke, the "fathers of the law," the owner of realty also holds title above and below the surface, and this theory is generally accepted without question by the courts.
Rights of Property Owners.
In other words the owner of realty also owns the sky above it without limit as to distance. He can dig as deep into his land, or go as high into the air as he desires, provided he does not trespass upon or injure similar rights of others.
The owner of realty may resist by force, all other means having failed, any trespass upon, or invasion of his property. Other people, for instance, may not enter upon it, or over or under it, without his express permission and consent. There is only one exception, and this is in the case of public utility corporations such as railways which, under the law of eminent domain, may condemn a right of way across the property of an obstinate owner who declines to accept a fair price for the privilege.
Privilege Sharply Confined.