Reviewing the Rules and the Effects of Title of Air and Soil Rights: Comparative Study in Islamic Jurisprudence and Common Law

Ownership of real estates is not only limited to the surface of land but also it includes the space above and the space below the surface. There are two major attitudes towards the scope of the air right and downward right in Islamic Jurisprudence and positive law. According to the first theory, the title of the owner of the soil extends not only downward to the center of earth, but also upward usque ad coelom. However, the second view accepts the title of owner to a reasonable distance. Nowadays, the possession rights in the space above the surface and in the soil below is limited to a reasonable distance of the surface of land. The customary criteria for determining the extent of the title, is the power of the land owner in using of the air right and the soil right. The owner of the air and soil rights has the right of material and spiritual possession provided that he/she observes all public regulations.