Subsurface rights apply to land beneath the surface of the real estate parcel extending from its surface boundaries downward to the center of the earth. Notable subsurface rights are the rights to extract mineral, oil and gas deposits, and subsurface water from the water table.
Air rights apply to the space above the surface boundaries of the parcel, as delineated by imaginary vertical lines extended to infinity. A landowner’s air rights entail the exclusive right to that air space necessary for the reasonable use and enjoyment of the property.
Regulation Of Real Property Interests
