Word: accursius
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...ancient maxim, attributed to Accursius (1182-1260) and much quoted by legalists, reads: Cuius est solum eius est usque ad coelum (He who owns the soil owns above it to the sky). Until recently this principle of property ownership was generally accepted, and air rights above property still sell for vast sums.* But the advent of air transport has vastly complicated Accursius' ancient tenet. When aircraft pass over a man's land or over foreign territory, is it trespass...
Although the maxim (credited to Accursius, 1182-1260) was coined in a day when man was earthbound, it has survived to provide endless argument on the question of what constitutes trespass by aircraft. Today virtually all jurists agree that a property owner has control of the space above only to the extent that he can actually make use of it, or for protecting the rights which he enjoys on the surface.* Thereby hangs a variety of interpretations which threaten to become more confusing with the increase of airports and aircraft...
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