Greetings, dear guests!
Most likely, this topic is interesting not only to me... It is clear that where planes fly over my area, this space does not belong to me. But is there a part that relates to property?
Last week, I had a conversation with a lawyer about my business. We are going to demolish part of the home ownership and this has certain nuances with the documents. Taking this opportunity, I managed to clarify for myself and find out exactly who owns the territory of the air and underground space and whether the upper and lower boundaries of my property have been determined.
To understand this issue, you should refer to the laws on state registration of real estate, as well as to the Civil and Land Codes of the Russian Federation.
As the lawyer explains, in this regard, everything is unambiguously defined and according to Federal Law No. 218 dated July 13, 2015 "On state registration of real estate" - the object of property is that your site, which is formed by projection of the boundaries of the landscape of the site on a horizontal plane. And since this law does not speak of either air or underground borders, this space is not registered with the owner, and accordingly, it is not even part of his property.
Thus, our property is only a plane.
But, referring to the Civil Code, namely to article No. 261"Land plot as an object of ownership"then it clearly describes what is our property. And it includes the entire surface soil layer, closed reservoirs and vegetation on the site. But, at the same time, the owner is not prohibited from using what is both under and above the ground, but with the proviso that this should not violate the rights of others and is not illegal.
That is, aerial and underground territories that are located strictly vertically up and down do not belong to the owner. Then they can be used by all and sundry?
When asked what other persons can use these spaces, the lawyer's answer was that the owner of the site has the right to demand termination of any actions over and under the object of his property, referring to the fact that such actions cause him inconvenience and the discomfort. And also, refer to the Constitution of the Russian Federation to article 23 on the right to privacy.
As for any structures on the property, there is Article 40 of the Land Code. It permits the construction of structures in accordance with the purpose of the site, but guided by the requirements of urban planning plans of local authorities. Also, this article does not prohibit the use of minerals and water for personal needs.
It's funny that we only own a flat geometric figure, but the fact remains.
On the other hand, it is impossible to define the upper and lower boundaries in any way, and this will not bring any clarity, since each territory is unique and there will be more exceptions than rules.
Earlier, I thought that some part of the airspace belongs to property, but as you can see - no.
All bowels of the earth and aerial territory are territories owned by the state.
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