Book Opener

Figure 34.7The Nature of Real PropertyAir RightsYou own the airspace above your property toas high as you can effectively use. Leaningwalls, projecting building eaves, and electricand telephone wires that extend overanother’s land have all been held to betrespasses. It is also unlawful to fire shotsover the land of a neighbor.Real property is the ground and everything permanentlyattached to it. Included are buildings, fences,trees, and perennial plants on the surface; earth,rocks, and minerals under the surface; and the airspaceabove the surface.TreesA tree belongs to theperson on whose landthe trunk is located.You can trim thebranches of yourneighbor’s tree thatoverhang yourproperty, but only up toyour property line.VegetationRiparian RightsSubterranean RightsFlowers, shrubs,vineyards, and fieldcrops that grow eachyear without replanting(perennials) areconsidered real property.They belong to the newowners when realproperty is sold.You own the ground belowthe surface of your propertyto the center of the earth.Property owners sometimessell subterranean rights iftheir property is in an areawhere mines or wells areoperated.Different owners of land on theopposite sides of a stream ownto the bank if the stream isnavigable, and to the stream’smidpoint if it is not navigable.Owners do not have title to thewater or to the fish that swim inthe water.744 Unit 7: Planning for the Future