Airplane Overflights

Technology constantly forces the law to adapt to new sets of circumstances, while trying to maintain basic truths and principles. This is particularly true with real estate in the case of airplanes.

Technically, a property owner's air rights extend from the land's surface all the way to the edge of Earth's atmosphere. But the advent of airplanes and the timelessness of common sense have forced some compromise in this concept.

Aircraft over-flights are not considered trespassing or a violation of a property owner's rights if those over-flights are at a sufficiently high altitude and cause no inconvenience to the property owner. It is the low overflights—especially when they damage the property owner's property or inconvenience his or her enjoyment, possession, usage or control—that invade the property owner's rights.

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