University of Virginia Library

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.